All Strata Smoking Articles

Check your states tab for the latest information about Strata Smoking. New information and links are added regularly. Be sure to check back to be kept up-to-date.

• What can I do about neighbours smoking?
• Can I smoke on my balcony?
• How do I stop smoke drift?

If you have enjoyed this topic page, discover more great information in our other Strata Topics covered.

Feature Articles

NSW: What are the rules around smoking in strata buildings?

Leanne Habib, Premium Strata
The new NSW legislation introduced in November 2016 has recognised that smoking may cause nuisance or hazard to another person. How has this changed the rules around strata smoking apartment buildings?

QLD: Q&A Smoking and Smoke Drift During the Coronavirus Shutdown

Frank Higginson, Hynes Legal
QUESTION: Our complex will not do anything about residents smoking on balconies. With the Coronavirus, smoking laws need changing urgently.

VIC: Move Your Butt

Tim Graham, HWL Ebsworth Lawyers
The absence of a specific Model Rule regarding strata smoking – on common property or within lots – creates uncertainty for both occupants and owners corporations seeking to rely on the Model Rules to prevent smoke infiltration.

Most Recent Strata Smoking Articles

• NSW: Is Smoking a Nuisance? - A recent NCAT decision found smoke drift emanating from a lot onto a neighbouring lot is a nuisance because it is an interference with the lot owner’s use and enjoyment of the lot. This ruling indicates that smoke penetration from a lot onto another lot is potentially a nuisance and hazard. But, why?
• NSW: Last Gasp For Smokers in Strata - Smoking can cause numerous problems for strata schemes, potentially undermining the amenity of the building, increasing common property repair and cleaning costs and causing fire hazards.

Our articles and Q&As about Strata Smoking issues have been arranged by State

• National Smoking articles

• New South Wales

• Queensland

• Victoria

• South Australia

• Australian Capital Territory

• Western Australia

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