Smoking in apartment buildings
This page has information for building managers and owners about managing smoking in apartment buildings.
Smoke drift is second-hand smoke that infiltrates a neighbour's unit or common area, causing a nuisance or hazard.
Smoking and neighbours
Smoke drift is an issue in multi-unit developments where neighbours live very close to each other.
It can be a breach of the Unit Titles Act 2001 if a person who smokes is annoying or causing a hazard to another resident.
Second-hand smoke can travel between units through:
- ventilation
- air conditioning
- elevator shafts
- hallways
- stairwells
- balconies
- courtyards.
Second-hand smoke risks
Exposure to second-hand smoke can increase the risk of cardiovascular disease, lung cancer and other diseases. It can also worsen asthma and bronchitis. There is no safe level of exposure to second-hand tobacco smoke.
Preventing smoke drift
People living in multi-unit settings share common spaces and live close to each other.
This means that smoke drift in multi-unit settings can be a complex issue when considering the personal liberties of smokers and the public health rights of other residents. In the ACT, multi-unit developments are managed under the Unit Titles (Management) Act 2011.
You may want to talk to people who smoke in your apartment building about how their smoking affects other residents and ask them to take steps to prevent affecting their neighbours, such as smoking indoors with their windows shut.
If you are not comfortable to speak to them directly you can ask the owner’s corporation to help you to discuss the issue with the person.
Managing smoke-drift issues as an owner's corporation
Building managers and owners can create or amend rules about where smoking is banned, such as in foyers, car parks or common property.
Smoke drift may amount to a breach of one or more of the default rules contained in Schedule 1 of the Unit Title (Management) Regulation 2011. An executive committee of the owner’s corporation can consider if there has been a breach of default rule 1.8 which relates to the hazardous use of a unit, or of default rule 1.9, which relates to the use of the unit in a way that causes nuisance or substantial annoyance.
Alternatively, under section 108 of the Act, an owner’s corporation may make alternative rules (instead of, or in addition to the default rules) in a general meeting by special resolution.
For instance, the owner’s corporation could adopt an alternative rule to prohibit smoking in the common areas of the units plan such as car parks, stairwells, and foyers.
It should be noted that alternative rules must comply with the intention of the Act and will be invalid if, for example, they are inconsistent with the Act or another territory law or are incompatible with a human right under the Human Rights Act 2004.
Under the Act, an alternative rule made by an owner’s corporation must be registered with the Land Titles Office within 3 months after the day the special resolution was passed otherwise it will be taken to have never been made.
Owner’s corporations are encouraged to seek advice from their strata manager or Access Canberra before to making alternative rules.
Mediation
A mediator, such as the Conflict Resolution Service, can help reach a mutual agreement.
Enforcing the rules
A rule infringement notice can be issued to people who breach the rules and continue to cause smoke drift.
If a resolution is unable to be reached, building managers can also apply to the ACT Civil and Administrative Tribunal (ACAT) for an order in relation to the dispute.
Getting help if you are affected by smoke-drift
Legal Aid ACT may be able to provide some advice to people about applying to the ACAT. Legal Aid ACT can be contacted via their Helpline on 1300 654 314.
Find information on applying to ACAT.
More information
Contact Access Canberra for more information.