Strata by-laws explained — pets, renovations and apartment living in NSW
Every strata scheme has its own rulebook — the by-laws. They decide whether you can keep a dog, renovate your kitchen, park a second car or run the place as a short stay. They bind you the moment you own the lot, so they're worth reading before you sign, not after you've moved in.
The short version
When you buy an apartment, a townhouse or any lot in a NSW strata scheme, you buy into its by-laws — the rules that govern how everyone in the building lives together. They cover the things that most affect day-to-day life: pets, renovations, parking, noise, smoking, use of common areas and short-term letting. By-laws are registered against the scheme and bind every owner and occupier, so they apply to you whether or not you agreed with them. The good news is they're written down and attached to the contract, which means you can read exactly what you're signing up to before you commit.
What by-laws are, and where to find them
By-laws are the internal rulebook of an owners corporation, made under the Strata Schemes Management Act 2015 (NSW). Every scheme has a set — some adopt the standard model by-laws, others write their own or add to them over time. They can be changed, but only by a special resolution (a 75% vote) at a general meeting, and a new or amended by-law has to be registered to take effect. A NSW contract for a strata lot includes the by-laws, so read them alongside the strata certificate rather than assuming the building runs on the standard rules.
There is a limit on what a by-law can do. Section 139 of the Act says a by-law must not be harsh, unconscionable or oppressive, and it can't prevent a child from living in a lot. A rule that crosses that line can be challenged and set aside by the NSW Civil and Administrative Tribunal — so a by-law printed in the contract isn't automatically the last word.
Pets: what the law now says
This is the change most buyers ask about. Following reforms that took effect in 2021, an owners corporation can no longer unreasonably prohibit you from keeping an animal. A blanket by-law banning all pets has no force. A scheme can still make reasonable rules — for example, asking to be notified, or requiring that a pet not unreasonably interfere with other residents — but an outright ban, or a refusal with no proper basis, generally won't stand.
In practice that means you should still read the pet by-law rather than assume, because the procedure matters: some schemes ask for written approval, some set conditions, and it's easier to sort out the paperwork before settlement than to argue it afterwards. If pets are central to your decision, treat the by-law wording — and any history of pet disputes in the minutes — as something to check.
Renovations: cosmetic, minor and major
The Act sorts changes to your lot into three tiers, and which tier your project falls into decides whether you need permission at all.
- Cosmetic work — hanging pictures, installing a handrail, filling minor cracks, painting, laying carpet. You can do this without the owners corporation's approval.
- Minor renovations — things like renovating a kitchen, changing recessed light fittings or laying hard flooring. These need approval by an ordinary resolution at a general meeting, though many schemes delegate that decision to the strata committee by by-law to make it quicker.
- Major work — anything that affects the structure, waterproofing, the building's external appearance or common property. This needs a special resolution and, usually, a registered by-law setting out who maintains the work afterwards.
Hard flooring is a common flashpoint: replacing carpet with timber or tiles can carry noise conditions or require acoustic underlay, so check whether the scheme has a flooring by-law before you plan a renovation around open floorboards.
The other by-laws worth reading
Beyond pets and renovations, a handful of by-laws quietly shape how a building feels to live in:
- Parking — whether visitor spaces exist, whether you can park a second vehicle, and how the scheme deals with unauthorised parking.
- Noise and behaviour — quiet hours, rules on parties and use of common areas like rooftops or gyms.
- Smoking — some schemes restrict smoking on balconies and in common areas where smoke drifts between lots.
- Short-term letting — schemes can adopt a by-law prohibiting short-term holiday letting where the lot is not the host's principal place of residence, so if you're buying to list the place, this one is decisive.
What to check before you sign
- Read the full by-laws in the contract. Don't assume the scheme uses the standard model — many add their own rules over the years.
- Check the pet by-law against your plans. A ban can't be enforced, but the approval procedure and any conditions still matter — confirm them before settlement.
- Match your renovation plans to the tiers. Work out whether what you want to do is cosmetic, minor or major, and whether committee approval or a special resolution is needed.
- Look for a hard-flooring or noise by-law. These commonly restrict what you can lay and how, and they're easy to miss.
- Scan the minutes for by-law disputes. A history of arguments over pets, parking or renovations tells you how the scheme actually enforces its rules.
Common questions
Can a strata scheme really stop me keeping a dog?
Not with a blanket ban — since the 2021 changes, a by-law that simply prohibits all pets has no effect, and an owners corporation can't unreasonably refuse. It can set reasonable conditions, so read the specific by-law and follow the approval steps rather than relying on a general assumption either way.
Do I need permission to renovate my own apartment?
It depends on the work. Cosmetic changes need no approval; minor renovations need the owners corporation's approval, often delegated to the committee; and anything touching structure, waterproofing or the exterior needs a special resolution. Sorting out the right approval first avoids being ordered to undo the work later.
Can the by-laws change after I move in?
Yes — a scheme can add or amend a by-law by special resolution, and the change binds you once it's registered. That's one more reason the minutes matter: they show what the scheme has been voting on. Our strata records inspection guide explains how to read that history before you buy.
How do by-laws fit with everything else I'm taking on?
By-laws sit alongside the levies you inherit and the state of the building itself. Our strata levies guide covers the recurring costs, the building defects guide covers new-scheme risks, and if you're buying in Victoria the rules run through the owners corporation instead. The NSW contract review checklist pulls the strata checks together with everything else worth reading before you sign.
Torri is not a lawyer. This guide is general information about property contracts, not legal advice. Always confirm anything you act on with a qualified conveyancer or solicitor.