Body Corporate By-laws and Living Rules
What the rules cover and how they are enforced.
By-laws are the rules that make shared living work. They set the boundaries for noise, pets, parking, renovations, and how common property is used. Understanding them protects you as an owner and helps keep the peace in your building. If your scheme needs a manager who handles by-law issues effectively, get 3 free proposals from our established and trusted partners.
What are body corporate by-laws?
By-laws are the rules that govern how owners, tenants, and visitors behave within a strata scheme. They cover the use of common property, noise restrictions, pet rules, parking, renovations, and other aspects of daily life. By-laws are legally enforceable and apply to everyone in the scheme, including tenants and their guests.
Where do I find the by-laws for my scheme?
Your by-laws are registered as part of the community management statement (QLD) or strata scheme by-laws (NSW). You can get a copy from your body corporate manager or strata manager. In Queensland, they are also searchable through the Titles Registry. In NSW, you can obtain them from NSW Land Registry Services. You should have received a copy when you purchased your lot.
Do by-laws apply to tenants?
Yes. Tenants must follow the by-laws just like owners. It is the lot owner’s responsibility to make sure their tenants are aware of the by-laws before moving in. If a tenant breaches a by-law, the body corporate can take action against the tenant directly or hold the lot owner accountable, depending on the circumstances and the legislation in your state.
Can the body corporate ban pets?
In Queensland, the body corporate can have by-laws that restrict or regulate pets, but a blanket ban on all pets is generally not enforceable if the pet does not cause a nuisance. In NSW, by-laws cannot unreasonably prohibit the keeping of animals. Since 2021, NSW strata schemes cannot impose blanket pet bans. Owners must apply to keep a pet, and the owners corporation can only refuse on reasonable grounds.
What are the rules around noise?
Most schemes have by-laws that restrict noise levels, particularly during evening and early morning hours. The exact rules depend on your scheme’s by-laws. Common provisions include quiet hours (typically 10pm to 7am), restrictions on loud music and power tools, and rules about hard flooring that transmits noise. If noise is not covered in your by-laws, local council noise regulations still apply.
What are the rules about parking?
Parking rules vary between schemes. Most by-laws allocate specific parking spaces to lots and prohibit parking in visitor spaces, fire lanes, or other restricted areas. Some schemes have rules about vehicle types, trailers, or commercial vehicles. Visitor parking is usually for genuine visitors only, not for overflow from residents. Check your by-laws for the specific rules in your scheme.
Can I hang washing on my balcony?
Many schemes have by-laws that restrict or prohibit hanging washing where it is visible from outside the building. This is about maintaining the appearance of the building. Check your by-laws for the specific rules. Some schemes allow drying racks below the balcony railing, while others prohibit any visible washing at all.
Need help with by-law enforcement?
A good body corporate manager handles by-law breaches professionally and consistently. If your scheme struggles with enforcement, it might be time to compare managers.
Can the body corporate make new by-laws?
Yes. The body corporate can create new by-laws or amend existing ones by passing a special resolution at a general meeting. In Queensland, the new or amended by-laws must then be registered with the Titles Registry. In NSW, by-law changes must be registered with NSW Land Registry Services. By-laws cannot conflict with the legislation or be oppressive, discriminatory, or unreasonable.
What happens if someone breaks a by-law?
The body corporate can issue a by-law contravention notice asking the person to stop the behaviour or fix the issue. If the breach continues, the body corporate can escalate through dispute resolution. In Queensland, this may involve an application to the Commissioner’s office for adjudication. In NSW, the matter can go to NSW Fair Trading or the NSW Civil and Administrative Tribunal. Fines can be imposed for ongoing breaches.
Can I be fined for breaking a by-law?
Yes. If a by-law contravention notice does not resolve the issue, the body corporate can seek a penalty through the dispute resolution process. In Queensland, adjudicators can impose fines. In NSW, NCAT can impose penalties for by-law breaches. The amount varies, but the process is designed to encourage compliance rather than punish.
Can I challenge a by-law I think is unfair?
Yes. If you believe a by-law is harsh, unconscionable, or oppressive, you can challenge it through the dispute resolution process. In Queensland, you can apply to the Commissioner’s office. In NSW, you can apply to NCAT. The tribunal or adjudicator can order a by-law to be amended or revoked if it is found to be unreasonable. This is not a quick process, but it is an option if you genuinely believe a by-law is unjust.
Do I need approval to renovate my lot?
It depends on the type of renovation. Internal cosmetic changes like painting or replacing flooring usually do not need approval (but check your by-laws). Structural changes, changes that affect common property, or works that could impact other lots typically require body corporate approval. Waterproofing, plumbing, and electrical changes almost always need approval. For more detail, see our Renovations and Improvements page.
Can the body corporate restrict short-term letting like Airbnb?
This is an evolving area of law. In Queensland, body corporates can pass by-laws that regulate (but not entirely prohibit) short-term letting. In NSW, strata schemes can adopt a by-law to ban short-term letting in residential lots, but only if 75% of lot owners vote in favour. Local council regulations also apply. Check your by-laws and local rules before listing your property on a short-term rental platform.
What are exclusive use by-laws?
An exclusive use by-law gives a specific lot owner the right to use a particular area of common property exclusively. Common examples include courtyards, rooftop terraces, storage areas, and parking spaces that are on common property but allocated to individual lots. The lot owner with exclusive use is usually responsible for maintaining that area, even though it technically remains common property.
Can smoking be banned in a body corporate?
The body corporate can pass by-laws that restrict smoking on common property, such as in shared gardens, near pool areas, or in common hallways. Banning smoking inside individual lots is more difficult and would need to be carefully worded to avoid being challenged as unreasonable. Many schemes now have by-laws restricting smoking on balconies if it affects neighbouring lots.
What are model by-laws?
Model by-laws (called default by-laws in some contexts) are the standard set of by-laws that apply to new schemes automatically when they are first registered. They cover the basics like noise, damage, parking, and use of common property. Most schemes eventually amend or add to the model by-laws to suit their specific needs. If your scheme has never updated its by-laws, the model by-laws are likely still in force.
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Explore more topics
Related topics for scheme living:
- Disputes and Conflict Resolution – how to handle disagreements when by-laws are breached
- Renovations and Improvements – the approval process for work on your lot
- Owners and Tenants – rights and responsibilities for both parties
- Getting Started – the basics of body corporate and strata
Browse all topics on the Knowledge Hub, or meet our management partners.
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Primary sources and further reading
The information on this page is drawn from the following primary sources. Use these for the definitive legal position in your jurisdiction.
Queensland
- Body Corporate and Community Management Act 1997 (Qld)
- Queensland Government, Body corporate information
- Queensland Civil and Administrative Tribunal (QCAT)
New South Wales