What are the options for smokers regarding smoke drift by-laws? Jacqui, NSW

What are the options for smokers when smoke drifts to other apartments? Jacqui, NSW

The fact is, every owner has a right to enjoy their property in their own way, but you should be mindful that in NSW strata laws have in recent times recognised the nuisance factor of smoke drift.

Smoking is not banned in all strata schemes. However, per new smoke drift by-laws occupants must not create a nuisance or hazard or stop others enjoying the strata complex.

New strata laws introduced in 2016 have given strata schemes the option to either ban smoking on common property completely or allow it in a designated smoking zone to eliminate the nuisance.

The two model smoke drift by-laws your strata scheme may have adopted are summarised below.

Option A – You can smoke on private property, providing drift doesn’t interfere with common property/other private lots

Option B – You can only smoke in designated smoking zones

You should check with your community by-laws to get a better read on what your situation is.

More information on the models above can be found here

Alternatively, read our full library of smoking FAQ responses here