Enter your email Address

  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Strata Property Basics: Strata Owners Corporation
    • Strata 101: Strata title
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
    • 2021 Updated Guide: Master the Art of Strata Insurance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
    • LookUpStrata Site Advertising
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap

LookUpStrata

Australia's Strata Title Information Site

  • Promotion Strata Insurance Webinar
  • Whitbread Insurance Brokers
Australia's Top Property Blog Dedicated to Strata Living
You are here: Home / Noise / Noise & Neighbours ACT / ACT: Q&A What To Do About strong cooking smells from neighbours

ACT: Q&A What To Do About strong cooking smells from neighbours

Published July 27, 2016 By The LookUpStrata Team 1 Comment Last Updated September 29, 2020

Sharing is caring!

6shares

The following question regarding strong cooking smells from neighbours was submitted to our site from an ACT lot owner. Thank you to Jan Browne, Bridge Strata.

Question: The strong cooking smells from neighbours highly spiced food is coming into my apartment. What can I do about this?

I live in a 13 year old apartment block in the ACT. I’m on the third and top floor and above my ceiling space is the roof cavity.

GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE

My understanding is that the range hoods over the stove areas in my apartment and the apartments below extract the strong cooking smells from neighbours and pump the air directly into the roof cavity, rather than outside. There are no vents in the roof cavity or side of the building where these odours could disperse.

My problem is that the strong cooking smells from the apartment below is coming into my apartment. What can I do about this?

Answer: Rule #7: A unit owner must not use the unit or permit it to be used in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.

strong cooking smells from neighbours Cooking smells in older complexes have become more of an issue in recent years with residents using additional and stronger spices etc. in their cooking. Without knowing the building requirements and the conditions of consent of the building, we cannot comment if the venting complies to the original approvals.

That said, exhaust fans should be vented to the external and not a common roof void. There are several reasons for this – some listed below:-

  • Buildings should have a means of collecting or otherwise removing: cooking fumes and odours; steam from laundering, utensil washing, bathing and showering; odours from sanitary and waste storage spaces; poisonous or flammable fumes and gases
  • Vented exhaust systems remove grease from the kitchen otherwise this grease will build up in a common roof space. Planning approval may have been given if roof space is adequately ventilated by open eaves or roof vents. It is important that no air seeps from the duct to other parts of the premises otherwise these areas could become grease-covered posing a significant fire hazard

Some premises may utilise Ductless hoods, also known as recirculating or un-vented hoods. These rely on active carbon charcoal filters that attract and capture odours before the air is expelled back into the kitchen. Not all Ductless hoods will eliminate the heat and humidity from the air, but rather filter grease and odours from the air. Residents will need to replace the filters every 6 months or so depending on usage.

The first step will be to approach the Executive Committee of the Owners Corporation (via the strata manager) about a report and recommendation on the current ducting system. The cost to do this will not be cheap but the cooking smells are creating a nuisance to a resident and the Owners Corporation should take some measures. Not to mention the possible fire risk. It would also depend if the Owners Corporation has changed their Rules otherwise Rule #7 would apply:-

  • A unit owner must not use the unit or permit it to be used in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.

This post appears in Strata News #103

Have a question or something to add to the article? Leave a comment below.

Embed

Jan Browne
Bridge Strata
P: 02 6109 7700
E: [email protected]

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Are you interested in more about strong cooking smells from neighbours or information particular to ACT legislation? Visit our Strata Noisy Neighbours OR FactSheet: ACT Strata Legislation

Looking for strata information concerning your state? For state-specific strata information, take a look here.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Comments

  1. AvatarEstelle Schmidt says

    January 2, 2021 at 12:47 pm

    I live in a townhouse complex in Brisbane and my back neighbours cook strong smelling food on a stove out the back of their place. The strong smelling doors always drift across into my townhouse and I’m forced to close my back door and windows every time. This occurs every day and quite often twice a day and often they cook at 9:pm when I’m sitting watching tv and enjoying the breeze from outside. Its2:30 pm and I’m sitting with the back door shut right now while they cook outside. This is preventing me to enjoy the breezes and fresh air from outside.
    What can I do?

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIAL

"The newsletter is very helpful and gives great guidance with commonly asked questions." Gayle, Lot Owner
"I love your regular emails and now this fantastic magazine! Keep up the great work. " David, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • COVID-19
  • Ask A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Bevan Thomas on NSW: 180 Day Cap on Short-Term Rental Accommodation
  • Maria John on WA: Q&A What are the Strata Manager’s Duties and Do We Really Need One?
  • Liza Admin on NSW: Q&A Special Levies, Levy Payments and Overdue Levies
  • david webster on QLD: The golden rules of bylaw enforcement + Q&As
  • wayne on QLD: Q&A Body Corporate Decision Making
  • leonard on NSW: Q&A Stopping the Abuse of Visitor Parking Spaces
  • Christopher Kerin on NAT: Your Balcony, Balustrades and Strata Liability
  • Chris McDonald on NSW: 180 Day Cap on Short-Term Rental Accommodation
  • Merril R Moon on QLD: Q&A Who Can Access Common Property?
  • Tony Roberts on NAT: Your Balcony, Balustrades and Strata Liability

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2021 · LookUpStrata ® Pty Ltd · All rights reserved