Strata by-laws are the rulebook of your New South Wales strata scheme. They decide everything from whether you can keep a dog to where visitors can park, and they bind every owner and occupier — whether they have read them or not. Yet most owners only discover what their by-laws say when something goes wrong. This guide explains how by-laws work under the Strata Schemes Management Act 2015 (NSW), which by-laws your scheme must have, which ones are unenforceable, and how by-laws are made, changed and enforced.
Disputes about by-laws usually start over the same three issues: pets, parking and noise. Knowing the rules before you act is half the battle.
What strata by-laws are in NSW
By-laws are the regulations that govern how a strata scheme operates and how lot owners use their lots and the common property. They sit beneath the Strata Schemes Management Act 2015 (NSW) — a by-law cannot contradict the Act — and they are registered with NSW Land Registry Services, so the current version is always a matter of public record.
By-laws cover matters including:
- Keeping of animals and the approval process
- Parking on common property and within the scheme
- Noise, behaviour and nuisance
- Renovations: cosmetic, minor and major works
- Use of common property facilities (gyms, pools, gardens)
- Waste management and recycling
- Smoking and the spread of smoke
- Short-term letting (where a by-law prohibits it)
By-laws every NSW scheme must have
The Act requires three matters to always be addressed by by-laws: the keeping of animals, parking allocations (where relevant), and smoke penetration. Since 2020, every new strata scheme must adopt model by-laws or variations of them, and existing schemes had model by-laws deemed to apply where their registered by-laws were silent on these topics.
By-laws that are invalid and unenforceable
Some by-laws look official but cannot be enforced. Under section 139 of the Act, a by-law is harsh, oppressive, unconscionable or unreasonable if it:
- Blanket-bans animals: a by-law prohibiting pets outright is invalid — the Northern Beaches bull terrier case (Cooper v The Owners – SP 58068) confirmed a blanket prohibition is harsh and oppressive
- Prevents children or families from living in the scheme
- Restricts accessibility aids: a by-law cannot stop an occupier installing visi-pipes, handrails or other disability modifications
- Imposes fines: only NCAT can order penalties — a by-law cannot fine owners directly
- Interferes with a lot owner’s legal rights in ways the Act does not permit
If you believe a by-law is invalid, you can challenge it at NCAT, or the owners corporation can repeal or amend it by special resolution at a general meeting.
How by-laws are made and changed
Changing a by-law requires a special resolution — no more than 25% of votes against — passed at a general meeting. The change must then be registered with NSW Land Registry Services within six months, or it lapses. The process in practice:
- Notice of the proposed by-law is included in the general meeting agenda
- Owners vote; a special resolution passes if against-votes are ≤ 25% of votes cast
- The owners corporation secretary (usually the strata managing agent) lodges the by-law for registration
- Registration confirms the change; the by-law then binds all lots including new purchasers
Buying into a scheme? Always request the current registered by-laws via a contract vendor disclosure or a strata information certificate — not the model by-laws — because unregistered variations and scheme-specific rules are common.
Enforcing by-laws
Enforcement follows a ladder: a polite notice from the owners corporation, then a formal notice to comply, and finally an application to NCAT for orders. The owners corporation cannot fine residents directly — persistent breaches require NCAT involvement. Committees should keep dated records of correspondence and evidence of breaches, because NCAT expects a proportionate, documented approach.
By-laws and renovations
NSW divides works into three tiers. Cosmetic works (picture hooks, Installing TV mounts) need no approval. Minor renovations (kitchen renos within the existing footprint, installing rainwater tanks, retiling) need only an ordinary resolution with 7 days’ notice. Major renovations (structural changes, waterproofing, window changes) require a special resolution. Your scheme’s by-laws may add requirements, so check them before any works — see our guide to strata living by-laws across Australia for the national picture.
Frequently asked questions
How do I find my strata scheme’s by-laws in NSW?
Request a strata information certificate from the managing agent (a fee applies), or search the scheme’s registered plan on NSW Land Registry Services. By-laws are attached to the scheme’s registered plan and changes are recorded there.
Can my NSW strata ban pets completely?
No. Since 2021 case law and the deemed model by-law, a blanket pet prohibition is invalid. The owners corporation can still refuse specific pets unreasonably causing nuisance or requiring committee approval processes to be followed.
What majority is needed to change a by-law?
A special resolution: more than 50% of votes in favour and no more than 25% against (of units entitled to vote). The change must be registered within 6 months to take effect.
Related guides: strata by-laws in Australia, strata rules on pets, body corporate rules in Victoria.