There’s a smoker in the building next door. Can I do anything about the smell, given they are not in the same strata property? – Judy, QLD

Q: Someone in the adjoining townhouse complex smokes close to the fence of my townhouse complex, and in particular close to my own townhouse. I can often smell the smoke from my own home. What rights do I have, given that this smoker isn’t in my building?

A: As the adjoining townhouse isn’t part of the property in which you live, it doesn’t have to conform to the same by-laws as you do. This may potentially mean smoking may be allowed. However, your best bet is to find out who the body corporate manager of your neighbouring building is, and bring this issue to their attention. It may be the case that your neighbour’s smoking is against their by-laws too, which means they will be able to enforce them. For more information about state-specific rules concerning smoking, read our article on how to solve smoking disputes.