Who Let The Dogs In? The NSW Court of Appeal Did! (2026 Updated)

If you’ve ever looked longingly at a “no pets” sign in your building lobby (or had a strata committee tell you your office dog is a hard no), you’re not alone.

In NSW, pets in strata schemes have been a hot issue for years - and the NSW Court of Appeal decision that effectively “let the dogs in” has had real flow-on effects for owners, tenants, landlords, strata committees, and yes, small businesses operating out of strata buildings.

This 2026 update breaks down what the Court of Appeal’s approach means in practice, what you should check before you bring a dog into a strata property, and how to set up the right legal protections so you can enjoy the benefits of a pet-friendly workplace without inviting unnecessary disputes.

(As always, the details matter - your rights and obligations can change depending on your strata by-laws, your lease, your building type, and how the dog is being brought onto the premises.)

What Did The NSW Court Of Appeal Decide About Pets In Strata?

The NSW Court of Appeal’s “who let the dogs in” moment is most commonly associated with a key idea: a blanket “no pets” rule in a strata scheme may not be enforceable if it goes too far.

In plain English, the Court of Appeal’s reasoning put real limits on the ability of a strata scheme to ban animals outright without a proper, reasonable basis. That doesn’t mean every pet must be allowed in every building - but it does mean a strata scheme can’t always rely on an absolute ban and assume it will hold up if challenged.

What This Means Practically

For many strata buildings in NSW, the legal and practical starting point shifted from:

• “Pets are prohibited unless strata says yes”

to something closer to:

• “Strata rules need to be reasonable and proportionate - and a blanket ban may be vulnerable”

That “reasonableness” lens matters because strata by-laws aren’t just house rules - they’re enforceable obligations that affect how people (and businesses) can use their lots and common property.

Important Caveat: “Let The Dogs In” Doesn’t Mean “Anything Goes”

Even with a more pet-friendly legal environment, you should assume there are still real constraints, including:

• By-law conditions (for example: leash requirements on common property, noise rules, cleaning obligations, approval processes)
• Safety and nuisance concerns (aggressive behaviour, allergies, barking, damage, hygiene)
• Your lease terms (your landlord might say “no”, even if strata is open to it)
• Building-specific realities (tight hallways, shared lifts, high foot traffic, food premises, medical or childcare services)

If you’re a business owner, the big takeaway is this: don’t treat “the Court of Appeal allowed pets” as a green light to skip due diligence. Your risk is usually less about the headline and more about the paperwork you signed (and the people you share a building with).

Why This Matters If You Run A Business In A Strata Building

Office dogs aren’t just a lifestyle choice anymore. For many small businesses, they’re part of workplace culture, brand identity, and even mental wellbeing.

But operating in a strata building adds another layer: you’re not only managing your relationship with customers and staff - you’re also dealing with strata rules, neighbouring occupants, common property, and sometimes a landlord who is very risk-aware.

Common Scenarios We See For Small Businesses

• A studio or agency wants an “office dog” present during work hours
• A retail operator wants a dog on-site (either staff-owned or “shop dog”)
• A tenant assumes strata approval = permission, but their lease bans animals
• A landlord is open to pets but wants strict conditions and indemnities
• A strata committee is worried about complaints, insurance, and precedent

In these situations, the Court of Appeal’s approach is helpful because it nudges everyone toward a more balanced conversation. But your “permission pathway” still usually runs through two separate gatekeepers:

1. Strata (by-laws and approvals for the building and common property)
2. Landlord/property owner (your lease terms and any additional conditions)

Strata Approval vs Lease Permission: They Are Not The Same

This is the trap many business tenants fall into.

Even if your building’s by-laws are pet-friendly (or a blanket ban would be questionable), your commercial lease may still restrict animals entirely or require written consent.

If you’re unsure what your lease allows, it’s worth getting it checked before you change how you operate day-to-day - particularly because a breach can lead to formal notices, disputes, and, in serious cases, termination steps.

If you’re negotiating a lease (or renewing), a Commercial Lease Review can be a practical way to identify hidden restrictions early, rather than discovering them after a complaint is made.

What Should You Check Before You Bring A Dog To Work In NSW?

If you want a dog at work in a NSW strata building, you’ll usually need to check four buckets: strata rules, your lease, workplace safety, and practical controls.

Here’s a clear way to think about it.

1. Strata By-Laws And Any Approval Process

Start by reviewing the strata by-laws and any building rules about animals. Even in a pet-friendly scheme, there may be conditions that matter for businesses, such as:

• where the animal can and can’t go (including common areas)
• lift rules and access times
• noise and nuisance standards
• cleaning requirements (especially after accidents)
• whether approval is required, and what information you must provide

If you’re a tenant, you may need the landlord to make the request (or support your request), depending on how the strata scheme manages approvals.

2. Your Commercial Lease (And Any Fitout Or Building Rules)

Your lease may include:

• a strict prohibition on animals
• a requirement to obtain written consent
• an obligation not to cause nuisance or interfere with other occupants
• insurance obligations (including public liability)
• make-good obligations for damage at the end of the lease

If the lease is silent, that doesn’t automatically mean “yes” - you still need to consider the general obligations not to cause nuisance, damage, or increased risk.

Where the situation is sensitive (for example, a shared corridor with medical tenants or a building with lots of public foot traffic), it can help to talk it through with a Commercial Lease Lawyer before you approach strata or your landlord, so you’re proposing a plan that is realistic and defensible.

3. Workplace Safety (Including Allergies, Fear Of Dogs, And Incidents)

Even if everyone loves the idea of an office dog, you’re still running a workplace - and that means you should think like an employer.

Common issues you should plan for include:

• allergies and sensitivities (staff, contractors, visitors)
• phobias or cultural concerns (which can be just as real as allergies)
• injuries (jumping, tripping hazards, scratches, bites)
• hygiene (particularly if you handle food, products, or clinical work)
• stress triggers (dogs are not always calm in busy environments)

This doesn’t mean “don’t do it”. It means: document the rules, set boundaries, and make sure you’re managing foreseeable risks.

For many businesses, the simplest way to handle this is to roll pet rules into a broader Workplace Policy framework, so expectations are clear and enforceable.

4. A Practical “Dog At Work” Plan (Yes, This Matters Legally Too)

When disputes happen, they’re often about day-to-day friction, not legal theory.

A sensible plan typically covers:

• who is responsible for the dog at all times (including during meetings)
• whether the dog can be off-lead inside your premises
• where the dog is allowed to toilet (and who cleans it)
• what happens if someone complains
• what behaviour triggers a “no more dog at work” decision
• how you manage visitors who didn’t consent to interacting with a dog

Having this written down won’t just make your business run smoother - it can also help show you acted reasonably if you ever need to justify your approach to strata, your landlord, or an insurer.

Managing Risk: Complaints, Insurance, And Liability

If you’re thinking, “Okay, but what could actually go wrong?”, this is the section to pay attention to.

Most strata pet conflicts escalate for three reasons:

1. noise or nuisance complaints (barking, smell, shedding in common areas)
2. damage to common property (scratches, mess, wear and tear)
3. safety incidents (even a friendly dog can knock someone over)

Liability: Who Is Responsible If There’s An Incident?

Liability depends on the facts, but business owners should assume that if a dog is allowed at work because of your business, you may wear the consequences if something happens.

That could include:

• claims from visitors or neighbours
• repair costs for damage
• lease breach allegations
• strata breach notices

It’s also worth remembering that “we didn’t mean it” is rarely a legal defence if the risk was foreseeable and you didn’t put reasonable controls in place.

Insurance: Don’t Assume You’re Covered

Before you bring a dog onto the premises regularly, check your insurance position. For example:

• Does your business insurance or public liability policy respond to dog-related incidents?
• Is the dog covered (or excluded) under any relevant policy wording?
• Does your lease require specific insurance terms or minimums?

If you’re a tenant, your landlord may also be worried that your dog increases risk in a way that could affect their insurance position or strata premiums. The more clearly you can show you’ve planned for risks, the more likely you are to get practical “yes” answers.

Privacy And Surveillance (If You Use Cameras)

Some businesses install cameras to monitor entrances, shared corridors near their tenancy, or internal spaces where the dog stays.

If that’s on your radar, make sure you understand what’s allowed and what’s not, because camera placement can trigger complaints quickly - especially in shared buildings. If you’re unsure, it’s worth reading up on whether cameras are legal in the workplace before you rely on CCTV as a “dog management tool”.

The Legal Documents That Make “Dogs At Work” Much Easier

If you want this to work long-term (and not fall apart after the first complaint), you’ll usually need the right documents in place.

Not every business will need every document below, but these are the common ones that help reduce misunderstandings and keep everyone on the same page.

Commercial Lease Terms (Or A Written Variation)

If your lease prohibits animals (or requires consent), you may need a written permission arrangement with the landlord.

This could be as simple as a letter or email agreement, but for higher-risk situations, you may want something more formal that deals with liability, damage, nuisance, and withdrawal of consent.

Getting the lease position right early is usually far cheaper than dealing with a formal breach notice later. A Commercial Lease Review can help you spot the “quiet” clauses that cause issues (like nuisance and damage clauses that effectively restrict pets even if pets aren’t mentioned).

A Property Licence If You’re Not Actually Leasing The Space

If you’re operating out of a shared workspace, studio share, or informal arrangement (rather than a full lease), your right to occupy the premises might be governed by a licence arrangement.

In those setups, pet rules should be clearly documented. A Property Licence Agreement can be a practical tool to set the ground rules - including whether animals are permitted and on what conditions.

A Clear Workplace Policy (And Consistent Enforcement)

If you employ staff (or regularly have contractors on-site), it’s worth having written rules that cover:

• when the dog is allowed on-site
• who can bring a dog, and whether multiple dogs are allowed
• behaviour standards and hygiene rules
• how staff can raise concerns (without conflict)
• what happens if the arrangement isn’t working

This is often handled through a Workplace Policy or incorporated into a broader handbook so it sits alongside other expectations like safety, conduct, and visitor management.

An Employment Contract That Matches How You Actually Operate

If your workplace has unique conditions (including an office dog), make sure your contracts and onboarding materials aren’t completely silent on how your workplace works.

For example, it can be useful to cross-reference relevant policies (so they’re enforceable) and to ensure workplace expectations are clearly introduced from day one. If you’re hiring, an Employment Contract can help set consistent expectations, especially as your team grows.

A Staff Handbook For Scaling Without Confusion

A lot of “dogs at work” issues aren’t really about dogs - they’re about inconsistency.

If one staff member gets special treatment and another feels ignored, conflict can build quickly. If you’re scaling, a Staff Handbook approach can help you document workplace rules (including pet rules) in a way that is practical and easy to apply across the team.

Key Takeaways

• The NSW Court of Appeal’s approach means blanket “no pets” strata by-laws may be vulnerable if they’re overly harsh or unreasonable, but that doesn’t mean every dog is automatically permitted in every building.
• If you run your business from a strata property, you usually need to satisfy both strata requirements and your lease obligations - strata permission and landlord permission are not the same thing.
• Before bringing a dog to work, check the by-laws, your commercial lease, workplace safety risks (including allergies and incidents), and have a practical plan for noise, hygiene, and complaints.
• Many disputes can be prevented by putting the rules in writing, including lease permissions/variations, a clear workplace policy, and consistent staff expectations.
• Managing liability and insurance upfront is crucial - don’t assume your existing cover automatically extends to a dog being present at your premises.

If you’d like help setting up a dog-friendly workplace in a NSW strata building (without creating lease or compliance problems), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.