Can renters install security cameras? Yes, renters can install security cameras, but they must follow certain rules regarding privacy and landlord approval.
Security cameras are becoming increasingly popular in Australian rental properties, offering added security for both tenants and landlords. However, their use is governed by strict laws designed to balance security and privacy.
This guide explains what renters and landlords need to know.
Can Tenants Install Security Cameras?
Yes, but with rules.
Australia-wide, tenants are allowed to install security cameras, but they must follow these conditions:
- Wireless (Removable) Cameras
- No landlord approval required if the camera does not damage the property and is easily removable.
- Ideal for tenants who need quick and flexible security options.
- Hardwired (Permanent) Cameras
- Landlord approval is required as these systems involve modifications.
- Landlords cannot unreasonably refuse permission if the change improves safety, especially in cases involving personal security concerns.
- Privacy Rules for Tenants
- Cameras must only monitor areas within the property.
- They cannot point at neighbors’ homes, shared spaces, or capture audio, as this violates privacy laws.
- Indoor cameras must not infringe on shared spaces like hallways or foyers.
However, the rules can differ slightly state-by-state. Below is a summary of the laws for each state and territory.
Queensland
In Queensland, tenants can install security cameras but must obtain written approval from their landlord or property manager. The agreement should specify camera details, installation conditions, and removal obligations. Landlords are generally required to approve reasonable requests.
New South Wales
In NSW, tenants can install removable wireless cameras without permission. However, hardwired systems require landlord approval. Tenants should still notify landlords, even for removable options, to maintain transparency.
Victoria
Victoria follows national principles. Tenants must obtain landlord consent for permanent fixtures, including wired cameras. Wireless cameras typically do not require approval.
Western Australia
WA allows tenants to install removable cameras without permission, but permanent installations need landlord approval. Tenants should ensure compliance with privacy laws and body corporate rules if in shared spaces.
South Australia
In SA, tenants need written approval for modifications, including wired security cameras. Wireless options may not need permission but must respect privacy regulations.
Tasmania
Tasmania permits removable wireless cameras without landlord consent. Permanent fixtures, like hardwired systems, require written landlord approval and agreement on removal upon lease termination.
Australian Capital Territory (ACT)
ACT tenants can install temporary cameras without approval but need landlord consent for permanent installations. Tenants must avoid infringing on neighbours’ privacy.
Northern Territory
In the NT, tenants can install wireless cameras without approval but need written permission for permanent fixtures. Privacy laws apply, and disputes can be resolved through local authorities.
Important Privacy Considerations
- Cameras must not infringe on neighbours’ privacy or capture footage inside private spaces.
- Cameras in shared spaces may require body corporate approval.
- Tenants should clearly signpost the presence of security cameras.
Tip: Wireless video doorbells are an easy, permission-free option for most states.
Can Landlords Install Security Cameras?
External Cameras – Allowed
Landlords can install outdoor security cameras to protect their property, but they must:
- Inform tenants about camera locations.
- Provide access to the feed if requested.
- Disclose the presence of cameras in property listings.
Indoor Cameras – Illegal
Landlords cannot install cameras inside the property under any circumstances, as this violates tenant privacy and the right to quiet enjoyment.
Legal Guidelines and Privacy Considerations
Tenants’ Rights
- Tenants have the right to access footage captured by security cameras that involve them.
- Cameras must not be used for audio recording, as this breaches privacy laws.
- Any disputes over camera installations can be taken to local mediation centres or tenancy authorities.
Landlords’ Obligations
- Must follow the Privacy Act 1988 and Australian Privacy Principles if security cameras collect personal data.
- Disclosure of cameras is mandatory in marketing materials and rental agreements.
- Landlords should avoid installing cameras in areas where tenants expect privacy, such as patios or balconies.
Key Differences: Landlord vs Tenant Rules
| Tenants | Landlords | |
|---|---|---|
| Install Wireless Cameras | Allowed, no permission needed if removable | Allowed, no permission needed (outdoor only) |
| Install Hardwired Cameras | Requires landlord approval | Requires approval from body corporate (if shared) |
| Indoor Cameras | Allowed, but must avoid privacy violations | Illegal under all circumstances |
| Disclosure of Cameras | Recommended but not mandatory | Mandatory, including marketing materials |
| Access to Footage | Not applicable | Must provide tenants access if requested |
What Happens in Case of Disputes?
If disputes arise over privacy violations or installation issues:
- Tenants can contact their state-based tenancy authorities for legal advice, such as:
- Fair Trading NSW – www.fairtrading.nsw.gov.au
- Consumer Affairs Victoria – www.consumer.vic.gov.au
- Tenancy WA
- Residential Tenancies Authority QLD – www.rta.qld.gov.au
- Consumer and Business Services SA – www.cbs.sa.gov.au
- Tenancy Services Tasmania – www.homestasmania.org.au
- Access Canberra ACT
- Northern Territory Consumer Affairs
- Landlords should work with community justice centres for mediation.
FAQs
Can a tenant install a security camera outside?
Yes, tenants can generally install security cameras outside their rental property in Australia, but there are some important considerations:
- Removable cameras: Tenants can install wireless, easily removable security cameras without explicit landlord permission in most cases.
- Hardwired cameras: For permanent installations, tenants typically need written approval from their landlord.
- Location restrictions: Cameras must not infringe on neighbours’ privacy, shared spaces, or capture audio.
- Property damage: Installations must not cause damage, and tenants should restore the property when vacating.
- State variations: Rules may differ slightly by state, so tenants should consult local authorities.
Do landlords need tenant permission to install cameras?
Landlords do not need permission to install outdoor cameras, but they must notify tenants and disclose camera locations. Indoor cameras are strictly prohibited as they violate privacy laws.
Can tenants remove cameras when they leave?
Yes, tenants are generally required to remove any cameras they installed and restore the property to its original condition unless agreed otherwise in writing.
Conclusion
Whether you’re a tenant looking to enhance security or a landlord protecting your investment, understanding Australia’s CCTV laws is essential.
- Tenants can install wireless security systems without approval, but permanent installations require permission.
- Landlords can only install outdoor cameras and must notify tenants in advance.
- Privacy must always be respected, ensuring compliance with Australian Privacy Laws.
Need Legal Advice? Contact your state or territory’s tenancy authority, such as Fair Trading NSW, Consumer Affairs Victoria, or Tenancy WA, for state-specific guidance.
