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You are here: 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

smoking in strata buildings

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?

smoking in strata

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.

smoking on common property

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

  • smoking nuisance 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?
  • cigarettes 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


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.


Strata Smoking
Looking for Strata By-Law & Legislation Industry Experts in your area – someone who can help with your strata smoking issue? Search within our Strata Services Directory in the category Legal Services for the best list of contacts available.

Interested in being included in the Directory? Create your Directory Listing here.

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