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Home » All Strata Smoking Articles

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: New Smoking decision to affect smokers and non-smokers in apartments

Warwick van Ede, JS Mueller & Co Lawyers

QLD: Why is now a really good time to introduce a ‘No Smoking’ bylaw

Chris Irons, Strata Solve + Will Marquand, Tower Body Corporate

QLD: Q&A Smoking and Smoke Drift in Strata

This article contains Q&As that are all about smoking in strata in Queensland. Can you have a no smoking bylaw? Can you ban a resident from smoking on their balcony or in common areas?….and many more QLD smoking questions and answers.

neighbour smoking on balcony

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.

smoking in strata buildings

WA: Q&A Can we stop neighbour from smoking on the apartment balcony?

ESM Strata Team
Question: I can’t have my doors or windows open because of my neighbour who smokes. What are my rights?

Most Recent Strata Smoking Articles

  • Smoker NSW: Another “Nail in the Coffin” for Smoking in Strata - A recent NCAT decision has recognised that even though a lot owner smokes inside their lot, they still may be in breach of the by-laws of the owners corporation and leave themselves open to a penalty being imposed by NCAT.
  • qld smoking hazard QLD: Smoking in a community title scheme - A recent Office of the Commissioner for Body Corporate and Community Management decision has shown how an order restricting smoking can be achieved. Read on to find out!

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


Strata Smoking Useful Links - State by State

National

  • Cancer Council: Acheiving Smoke Free Apartment Living. An information kit for tenants and owners in strata schemes

    The aims of this information kit are to:

    • Increase awareness of the health, legal and financial benefits of 100% smoke-free housing
    • Inform NSW strata title owners, agents and tenants about ways to address the problem of strata smoking and second-hand smoke in apartment blocks and other types of multi-unit housing such as townhouses, condominiums and villas
    • Contribute to the increased availability of smoke-free housing options in NSW.

    This kit includes information on ways to deal with strata smoking in your scheme, such as Examples of ‘smoke-free’ strata by-laws

New South Wales

  • NSW Government’s proposed strata law reforms: Submission from Cancer Council NSW
    Cancer Council NSW commends the NSW Government for considering the problem of secondhand smoke in strata schemes as part of strata law reform in NSW.
  • The Sydney Morning Herald: Sydney landlord ordered to pay $11,000 to tenant because of chain-smoking neighbour
    23 Nov 2015: A Sydney landlord has been ordered to pay more than $11,000 in compensation to a tenant whose flat was made unliveable by a chain-smoking elderly neighbour living in the flat below.
  • Neighbours and the law: Noise, smells, smoke and garbage [eBook]

Western Australia

  • Acosh Guide for smoke free strata housing in Western Australia

    This guide about strata smoking in WA outlines the benefits of smoke-free strata housing. It provides resources on how to introduce a non-smoking by-law, with the aim to:

    • Increase awareness about the dangers of exposure to secondhand smoke among the strata community;
    • Enable tenants, owners and owners’ corporations to increase their skills and confidence to implement non-smoking by-laws in strata-titled properties; and
    • Enable Strata Managers to facilitate and support this process.


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