ACT: Bylaw to ban smoking in Canberra apartments [Sample Bylaw]

The following Q&As are about Bylaws to ban smoking in Canberra apartments.

Table of Contents:

• QUESTION: We are currently being affected by someone smoking inside their unit. Can provide an example of the no smoking bylaw to ban smoking in apartments?
• QUESTION: Are there any laws that support bylaws to ban smoking in apartments in ACT?

Question: We are currently being affected by someone smoking inside their unit. Can provide an example of the no smoking bylaw to ban smoking in apartments?

In the other Q&A on this post, you mentioned you have had multiple strata plans pursuing such a ban on smoking in an apartment. Can provide an example of the no smoking bylaw?

We are currently being affected by a strata resident smoking inside their apartment, on their balcony and in common areas. The smoke and smoke drift penetrates the common stairwell and our unit even when our windows are closed.

We would like to introduce a rule that owners or occupants must not smoke on their balcony or in their courtyard to minimise smoke drift. However, our strata body seems very reluctant to consider any sort of rule so we hoped to provide some examples.

Answer: We have provided a sample bylaw to ban smoking in apartments below.

Unfortunately, without the support of the committee and owners, you will not get a change of rules through the meeting.

I have provided a sample below but if you did get the support of the plan, we suggest you have the bylaw written up by a solicitor.

Your only other option is a private action against the resident through ACAT for an order as the smoking is disturbing your natural enjoyment of your unit.

Ban on Smoking ByLaw: No Smoking on Common Property

Smoking is not permitted in common areas, including but not limited to car parks and stairwells.

Smokers must show consideration when smoking in their apartment and/or balcony and avoid smoke drifting into adjacent apartments causing concerns to other residents.

If a complaint is registered then the offending resident must ensure that their smoke does not drift into neighbouring units or must cease smoking in the unit or balcony.

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

This post appears in Strata News #476.

Question: Are there any laws that support bylaws to ban smoking in apartments in ACT?

I want to find some information about laws related to smoking in a strata complex. Are there any laws that support bylaws to ban smoking in apartments in ACT?

Answer: We have had 3 plans pursuing this issue in the last 3 months.

Interesting that this has come up now. We have had 3 plans pursuing this issue in the last 3 months.

One plan of 125 units is currently looking at amending their “House Rules” by way of a General Meeting and adding an additional Rule restricting smoking on common property and balconies. They have discussed the internals of the units as well.

In the ACT, By-laws are known as Rules. Most plans develop their own “House Rules” that are then registered with Land Titles Office as opposed to Land & Property Information in NSW.

ACT Government has recently had an online survey on increasing their Smoke Free Zones – Outdoor Smoke-free Areas Consultation. This survey closed in December.

The first lot of change of rules will be fine until challenged. But with precedents in other states including NSW, you would imagine that the Rules would stand. There would be other instances in the Rules protecting the residents.

See below in the Default Rules that most plans include if they do their own House Rules:

7 Use of unit—nuisance or annoyance

1. 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.
2. This rule does not apply to a use of a unit if the executive committee has given an owner, occupier or user of the unit written permission for that use.
3. Permission may be given subject to stated conditions.
4. Permission may be withdrawn by special resolution of the owners corporation.

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

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