Pet ownership has changed substantially in Victorian property law. Both the Owners Corporations Act 2006 and the Residential Tenancies Act 1997 have been amended to protect pet owners from blanket bans. For buyers, the rules affect both apartment purchases (OC pet policies) and investment properties (tenant pet rights). Misunderstanding either can lead to expensive disputes — the OC fining you $5,000 for an unapproved cat, or VCAT compensating your tenant $10,000 for unreasonable pet refusal.
This guide covers OC pet rules, RTA tenant pet rules, the “reasonable refusal” test, and what every buyer should check.
Pet rules across property types — comparison
| Property type | Who controls pet rules | Blanket ban allowed? | Buyer’s practical risk |
|---|---|---|---|
| Apartment / strata (owner-occupied) | OC under OC Act 2006 s138 | No (post-2021) | OC fines for unapproved pets ($500–$5,000) |
| Apartment / strata (rental) | OC + landlord under RTA 1997 s71A | No (post-2020 RTA reform) | VCAT compensation if unreasonable refusal |
| Freestanding house (owner-occupied) | Council + restrictive covenants | Only via covenant | Limited — covenant disputes, council enforcement |
| Freestanding house (rental) | Landlord under RTA 1997 s71A | No (reasonable grounds required) | Cannot blanket-refuse tenant pets |
| Rural lifestyle / farmland | Council + Section 173 + zone | Variable | Stock animal limits common |
OC pet rules — the 2021 reform
Section 138 of the Owners Corporations Act 2006 was amended in 2021 to limit OC powers over pets. OCs cannot:
- Impose blanket bans on all pets
- Refuse pets on grounds unrelated to the building or other lot owners
- Charge fees specifically for pet ownership
OCs CAN:
- Require notification of pet ownership
- Restrict specific pet types where there’s genuine reason (size, noise potential)
- Limit number of pets per lot
- Require leash use in common property
- Prohibit pets in shared facilities (pools, gyms)
- Require remediation of any damage caused by pets
The “reasonable” test
OC rules restricting pets must be reasonable in the circumstances of the building. VCAT applies a reasonableness test considering:
- Building type (high-rise vs townhouse)
- Floor area of individual lots
- Common property design
- Other residents’ rights
- Specific pet characteristics (size, noise, behaviour)
Common reasonable restrictions:
- Cats kept entirely indoors (high-rise)
- Dogs under 15kg (small apartments)
- Pets must be carried in lifts or hallways
- No pets in pool or gym areas
RTA tenant pet rules — landlord cannot blanket-refuse
Section 71A of the Residential Tenancies Act 1997, in force from 2020, prevents landlords from blanket-refusing tenants who want pets. Tenants can apply to the landlord for permission. The landlord must consent unless they have a “reasonable ground” for refusal.
Reasonable grounds for refusal include:
- Pet would cause more damage than bond covers
- Pet would breach OC rules (apartments)
- Property unsuitable for pet (e.g. no fencing for dog)
- Pet’s history shows specific risk
The landlord must respond to a tenant’s pet request within 14 days. If they don’t respond or unreasonably refuse, the tenant can apply to VCAT for an order permitting the pet.
Buyer scenarios
Scenario 1: Buying an apartment for personal use, with pets
Check the OC rules for pet provisions. Look for:
- Notification requirements
- Size or breed restrictions
- Common property restrictions
- Penalties for non-compliance
If the building has pre-2021 blanket-ban rules that haven’t been updated, those rules may be unenforceable but the OC may still try to enforce them. VCAT challenge cost: $1,500–$5,000.
Scenario 2: Buying an investment apartment for rental
Even if you don’t want pets in your investment, you cannot blanket-refuse tenants. Verify:
- OC pet rules — what tenants can keep
- Building suitability for pets
- Whether pet bond can be required (no — abolished in Vic)
Scenario 3: Buying a freestanding house for personal use
Council laws apply to dog ownership (registration, leash laws, dangerous dog rules). Most properties have no specific buyer- affecting pet rules. Confirm:
- Restrictive covenants on title (rare but possible — “no chickens”)
- Rural-area restrictions on stock or large animals
- Council registration requirements
Pet bond — what changed in 2020
Before 2020, landlords could require an additional bond (“pet bond”) when accepting a tenant with pets. Since 2020, pet bonds are abolished in Victoria. Standard residential bond (4 weeks rent maximum) is the only bond permitted.
Damage caused by pets is recoverable from the standard bond at the end of tenancy, like any other tenant-caused damage.
What to check in the Section 32
For apartment / strata properties:
- OC rules — pet provisions
- OC certificate disclosure of pet-related disputes
- OC meeting minutes on pet rules
For all properties:
- Restrictive covenants on title — any pet or animal restrictions
- Council records on dangerous dog declarations
- For rural — Section 173 Agreements on stock or domestic animal limits
Negotiating with the OC
If the OC has restrictive pet rules and you want to keep a pet:
- Read the rules — confirm they’re actually restrictive (post-2021 rules can’t blanket-ban)
- Apply for permission with full pet information
- If refused, request reasoning in writing
- If reasoning is unreasonable, apply to VCAT
- VCAT applications cost $200–$1,500 and typically resolve in 2–4 months
Ready to check your contract? Upload your Section 32 or Contract of Sale at precontractreview.com for a pre-contract check — typically in just a few minutes.