Question: Are there regulations on the use of smoker BBQs on apartment balconies considering the amount of smoke and smell these produce?
Answer: You must check the by-laws applicable to your scheme.
The short answer is that you must check the by-laws applicable to your scheme. Many schemes have by-laws which regulate BBQ’s and smoking, in particular since combustible cladding has become an issue in many buildings.
Further, the strata legislation prohibits anyone causing a nuisance (which includes smoke drift from smoking).
This post appears in Strata News Strata News #446.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
The use of barbecues on balconies when there are people above who cop all the smoke is extremely inconsiderate. They should be banned.
Hi Daisy
Take a look at your bylaws and see if they make any mention of BBQs or smoke drift.
Thanks
I’m trying to find the precise legislation regarding BBQ smells affecting other residents. There is a guy who uses a coal bead BBQ and lights it every night at 9:30pm. He also hasn’t cleaned the BBQ in years and the smell is horrendous.
The smell comes into everyone’ units, via windows and balconies.
He even closes his.
I have tried to raise this with him and his real estate but nothing is being done.
I’m at my wits end, as the smell gets more intense as the bbq heats up, then when he adds his meals and oils, and whilst it’s then cooling down.
The smell lingers for at least an hour, especially once wafted into other residents apartments.
Hi Fiona
We refer you to this question in the above article:
Question: Are there regulations on the use of smoker BBQs on apartment balconies considering the amount of smoke and smell these produce?
What are the regulations regarding Smoker BBQ’s on premises where there is only apartments and no wide open spaces?
Smoker BBQ’s are really heavy in smoke and smell and i believe not good to the health of others.
Hi Nico
Leanne Habib, Premium Strata has responded to your question in the above post.
Re BBQs on balconies.
Do the same regulations also apply to BBQs on the Common Property which are situated directly below other unit balconies ?
Hi Mary
The following response has been provided by Leanne Habib, Premium Strata:
Yes in our view, the concepts of smoke drift, nuisance and fire preservation would apply to BBQ’s on the lot or common property.
We live in an 18 unit complex in Qld. We have had our bbq on our balcony for over two and half years we bought off the plan, we have since found out the by laws state no bbqs on balcony . After all this time the Committee have now decided they want them all removed. Do we have any options.
Yours
Rosanne Johnston
Hi Rosanne
The following response has been provided by Chris Irons, Hynes Legal:
You do. You can put a motion to your next general meeting to have the by-law changed or removed.
If that does not succeed, you can potentially challenge the by-law through the Commissioner’s Office. You’d need to demonstrate why your motion should have passed or why the by-law is unreasonable. You might want to start off by making some enquiries with the local council and other agencies about whether there are any pre-existing issues with having barbecues on balconies.
You might need to seek some legal advice on these issues.