We’ve all heard of the stories, right? Of pets who’ve been put up for adoption or even abandoned, simply because the owner was moving to a high-rise property which doesn’t allow pets.
For pet owners, many then resort to smuggling their fur baby in (whether in a large grocery bag, or in the middle of the night), and hoping the neighbours don’t find out.
But what if you didn’t need to bring out your inner ninja just to be able to live with your beloved pet? What if it wasn’t illegal to keep pets at home in high-rises?
Well, here’s all you need to know about living with pets at home in Malaysia.
It might actually be legal to keep your pet with you in your condo!
The keyword here though: might.
First off, we know that high-rises such as condominiums and apartments fall under Strata type properties.
Regulations for Strata properties are much more comprehensive, since everyone shares common facilities like swimming pools and carparks.
Under By-Law 14 in the Third Schedule of the Strata Management (Maintenance & Management) Regulations 2015, it states that:
As you can see, nowhere is it explicitly stated that pets ARE NOT allowed in Strata properties. Rather, it’s only during these 3 situations where a pet won’t be allowed:
- The pet causes annoyance or nuisance to other residents
- Is dangerous to the safety and health of other residents
- Breaches state or local authority rules and regulations.
Let’s take a closer look at all 3, so that you can better understand if any one of those apply to you.
1) The pet causes annoyance or nuisance to other residents
One would think this is quite vague. After all, what defines as an "annoyance/nuisance"?
In a property, an annoyance or nuisance is defined as something which "interferes with a person’s reasonable use and enjoyment of his or her land."
In other words: “I bought this unit with my hard-earned savings, but now I can’t even enjoy my new home because of the horrible smell of your pet’s urine and faeces which you don’t clean up!”
Now, if your pet (no matter the type), were to start becoming a real nuisance, under the Local Government Act 1976, you could be fined up to RM1,000 and jailed not more than six months.
2) The pet is dangerous to the safety and health of other residents
This is rather self-explanatory – no injury or harm must come to anyone else because of your four-legged fur baby.
In June 2019, an 11-year old girl in Johor suffered serious injuries to her face after she was bitten by a pitbull-mix. The unthinkable could very well happen when we least expect it.
Now imagine this: You leave the house for work, and before you manage to close the door, your cat or dog dashes out through the gap and starts attacking one of the residents who happens to be walking in the corridor!
Whether or not it was intentional, prepare to be slapped with fines! Section 289 of the Penal Code explains that punishment may come in the form of either imprisonment of up to six months, a fine of up to RM2,000, or both.
This is because of a thing called “Duty of Care”. We all have a duty of care. As a parent, as a spouse, as an employee, or as a pet owner.
We delve more in-depth on the Duty of Care principle here, which essentially means a person or body who is obliged to conform to a certain reasonable standard of conduct..
In a situation where the pet owner failed to prevent the injury of another due to his or her negligence, the Duty of Care principle can be applied to mean that the pet owner has failed to perform his or her duty as a responsible pet owner.
Diseases are included too. Pets who are flea-ridden and/or unvaccinated may cause residents to end up with a bacterial infection, or worse!
Also, there is the very real danger of young children injuring themselves (whether by accident or otherwise), even if the pet is not hostile in any way whatsoever.
3) Breaches state or local authority rules and regulations
When it comes to keeping pets at home in high-rise buildings, each state or local council may have different rules and regulations. Here are just a few examples:
Local council |
Rules and regulations |
| Subang Jaya Municipal Council (MPSJ) | Yes but not to the point that it will intrude the neighbours and if there is a complaint, JMB/MC can take action. JMB/MC can make a "house rule" on this matter. |
| Petaling Jaya City Council (MBPJ) | Dogs only allowed on the ground floor of a high-rise building. |
| Kuala Lumpur City Hall (DBKL) |
If allowed by the JMB (Joint Management Body) and MC (Management Corporation) of the high-rise building, only these small dog breeds allowed to be kept:
|
Condo Management vs Local Council – Who to Listen to?
But what if you’ve already done all the necessary research? According to the local council’s rules, you should be allowed to live happily with Fido and Dido in your new condo unit.
Yet, your management strongly insists that it’s still not allowed. Who’s right and who’s wrong in this instance?
Sometimes, the rules on whether or not a pet is allowed at home in high-rises can create conflict between the condo management and the local council.
In this case, the condo management has to bow down to the local council. What we mean is, the rules set by the local council automatically overrides those set by the condo management.
You could be breaking the law as a pet owner in other ways though…
Did you know that there’s a list of dog breeds which are banned from import into Malaysia? Actually, there are two lists – one of restricted dog breeds, and one of banned dog breeds.
1) Restricted dog breeds
These may be allowed, but only under specific conditions. For example, the dog might have to be microchipped, and the intended premise where it’ll be staying might have to be inspected. Some examples are:
- Bull Mastiff
- Bull Terrier
- Doberman
- German Shepherd
- Canary Dog
- Rottweiler
2) Banned dog breeds
These are the types which are outrightly banned from import:
- Akita
- American Bulldog
- Dogo Argentino
- Fila Braziliero
- Japanese Tosa
- Neapolitan Mastiff
- Pit Bull Terrier
Prohibited dog breeds aside, there are everyday things some pet owners may be doing that are actually illegal! For this, we look at the Minor Offences Act 1955.
That’s right! Bet you didn’t know letting your dog loose for a run could actually get you in trouble! Good thing the fine for most of these minor offences aren’t too heartbreaking at RM100.
But your doggo is licensed…right?
Here’s the catch though. Everything stated in this article on keeping your pets at home with you in high-rise buildings only applies if it is licensed.
So even though your local council might allow your chihuahua to stay with you in your condo ground floor unit, the fact that your chihuahua is not licensed would mean it doesn’t apply to you.
TL;DR – Be a responsible pet owner!
In Malaysia, most pet owners aren’t aware that the condo management may not have the final say in whether or not dogs are allowed in the building.
A quick Google search and scan through forums would see most concerned pet owners tossing around the question: “Which condos are dog-friendly?”
Actually, the question that people should be asking is: “What are the rules surrounding dogs in high-rise buildings in MPSJ?"
But in a nutshell, pet owners are legally entitled to stay with their pets at home with them in high-rise buildings, UNLESS the local council has rules prohibiting this.
Either way, pet owners – get your dogs licensed! There are laws in place which protect you as a pet owner, but only if the pet in question is licensed.
Especially considering the multitude of incidents in the past where contracted dog-catchers have been known to use the excuse of unlicensed dogs to kill the poor animals.
And yes, there have been instances where they have gone so far as to trespass into their homes to kill them!
Don’t wanna face this sort of sticky legal situation? Well, make sure you read up as much as you can about the Strata Management Act 2013, which covers all the do’s and don’ts of living in a high-rise development!
Disclaimer: The information is provided for general information only. PropertyGuru International (Malaysia) Sdn Bhd makes no representations or warranties in relation to the information, including but not limited to any representation or warranty as to the fitness for any particular purpose of the information to the fullest extent permitted by law. While every effort has been made to ensure that the information provided in this article is accurate, reliable, and complete as of the time of writing, the information provided in this article should not be relied upon to make any financial, investment, real estate or legal decisions. Additionally, the information should not substitute advice from a trained professional who can take into account your personal facts and circumstances, and we accept no liability if you use the information to form decisions.