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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 from entering my apartment?

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

Feature Articles

NSW: How to Stop Cigarette Smoke From Entering Your Apartment

Karen Stiles, OCN and Brenton Pittman, Applicant in the Pittman v Newport [2022] NSWCATCD 173 case

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

  • NSW: Can you Ban Smoking without a By-law? - Is it possible to stop people smoking in a strata building without a by-law that bans smoking? And if it is possible to stop smoking without a by-law, is it still necessary or desirable to have a by-law that bans or restricts smoking and, if so, why?
  • Good News for Non Smokers NSW: Smoking in Strata Schemes – Continued Good News for Non-Smokers - In more good news for non-smokers, NCAT recently made orders preventing lot owners from smoking on the balcony of their lot or anywhere within their lot that would cause smoke, fumes or odour from the tobacco to drift into another lot.

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

  • Smoke-free Apartments: A Guide to Smoke-free Living

    Cancer Council NSW
    Residents of apartment buildings are more at risk of second-hand smoke exposure because smoke can easily move between residences.

    This toolkit is designed to help residents and owners corporations to make their apartment complex smoke-free.

  • 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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Recent Comments

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  • [email protected] on VIC: Q&A Process to change the Registered Owners Corporation Rules

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