Smoking In Strata Unit Declared A Nuisance

It is clear that enclosed public places within strata schemes are required to be smoke-free under the Smoke-free Environment Act 2000. An owners corporation is responsible for ensuring that common areas that are enclosed public places such as main entrances, thoroughfares and car parks are smoke free. What is not so clear is the law surrounding smoke drift issues arising from smoking in your own private residential unit.

In November 2006, the Consumer Trade and Tenancy Tribunal authorised an owners corporation to prevent tenants smoking in their strata unit where the smoke odour from their cigarettes entered other units and the common property after ruling that in the particular circumstances of the case, the smoke penetration constituted a "nuisance" to other occupiers under section 117 of the Strata Schemes Management Act 1996. The order also applied to the landlord.