This article discusses dealing with prostitution in strata WA by outlining the legal, by-law, and practical steps residents and strata companies can take when suspected sex work activity is impacting safety and amenity in a strata building.
Question: What can residents do if they suspect a prostitution business is operating in their strata building?
We’ve identified what appears to be a prostitution business operating in a rental unit on our floor. It’s been happening for about two to three months. Visitors are regularly buzzed in — sometimes up to seven men within three hours. One even knocked on my door by mistake before realising they were at the wrong unit.
I work from home and am feeling unsafe. I’ve reported the situation to both the strata manager and the police. What further steps can residents or the strata company take to address this kind of activity in a strata building?
Answer: Strata companies should first look to their by-laws to see if the activity presents any breach of a by-law that can be used to assist in resolving the matter.
In my experience, this is a complex and difficult situation for any strata company to resolve. Often, the concern comes more from guests coming and going than from the occupants themselves.
Under the Prostitution Act 2000, the act of prostitution is not against the law. It is illegal to carry out street work, and brothels are illegal under the West Australian Criminal Code. If there is any illegal activity, it should be reported to the police.
In my opinion, strata companies should first look to their by-laws to see if the activity presents any breach of a by-law that can be used to assist in resolving the matter. It may also be wise to consult a strata lawyer to assist with preparing a breach. If there is no by-law that can be used, the strata company may want to consider the introduction of a by-law that does provide an avenue for the strata company to act in future.
Given the ability to issue a breach, this could lead to resolving the issue, or after three consecutive breaches, the ability for the strata company to apply to the State Administration Tribunal for enforcement. One common problem with this process is that the strata company lacks the power to impose a penalty for a breach. In Western Australia, a breach is applied by order of the tribunal. If the strata company incurs costs in issuing a breach, it may be able to recover those costs if it has the right cost-recovery by-law in place. Usually, these costs are insufficient to deter in this situation, given the operator’s earnings.
If the apartment is rented, it would be wise for the strata manager to talk with the owner to see if they are aware of the activities and if there is any avenue for them to assist with resolving the matter. It may be that the activity presents a breach in the residential tenancy agreement that allows the owner to act via issuing a breach under the Residential Tenancies Act.
It is also worth discussing the matter with the local government to see if the activity poses any breach of local government by-laws and/or any approved uses or property zoning of the development.
I would encourage the strata company to put measures in place to collect evidence to support any potential action that may take place. CCTV footage, advertisements, and attendance records would help.
Luke Downie
Realmark
E: ldownie@realmark.com.au
P: 08 9328 0999
This post appears in the February 2026 edition of The WA Strata Magazine.
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