By Liam Matthew  September 20, 2021

Strata units are a popular housing option in Australia. They are usually apartment blocks that are managed by an external body, with rules set out in the strata title deed. There are many rules and by-laws that are applicable to strata living, and these are usually mentioned in the strata report when you get a strata inspection in Sydney. Knowing these regulations and by-laws is very important before you make a decision whether you want to live within a strata scheme.

Smoking is one of the biggest problems that people living in strata units can face, whether it is for themselves, or due to other people smoking. Many people living in these units do not realise what implications there can be when it comes to smoking on balconies of their building. Most times smokers may be breaking laws and hurting other people through second-hand smoke exposure, all without realising what they’re doing!

Can you stop a neighbour from smoking on the balcony?

Strata units are buildings where people own individual apartments of the entire building. The owners can decide how they want to manage their strata title, but usually, there is an external body that manages the property. This means that if someone lives in these properties, then rules set out by management will be applied to everyone living in this unit regardless of whether you agree with them or not. These rules may concern anything about your apartment and common property areas such as lifts, balconies etc. There are also some specific things regarding smokers. When it comes to smoking restrictions imposed by councils these vary across different states even though the gist of the rule is the same. Generally, it is illegal to smoke in public places and close to building entry points (e.g., doorways). This is why it is so important to get strata reports in Sydney so that you know what is allowed and what is not, before starting your life in a strata unit.

The first thing that you should consider would be what exactly does smoking on your balcony mean? Is it about smoking cigarettes or vaping as well? What are the implications of this for other people living in these units? For example, if there are children living underneath them then maybe their health could be at risk because second-hand smoke rises up into open windows etc. If someone has asthma or any other respiratory illness they might not be able to cope with these fumes entering through an open window either. When it comes to NSW strata laws regarding smokers some councils have imposed rules which state that no person may smoke or carry a lighted cigarette, cigar or pipe in any common area of the property. This means that smokers can no longer smoke on balconies and within ten metres of entry points to the building. If you are living in an apartment then it is likely that your strata committee has introduced rules which state what you cannot do with regard to smoking inside them as well.

Now that smoking is banned in public places and inside indoor areas, it is even more important to think about the effects of smoke on your neighbours and their property when you decide where and how you can smoke in outdoor spaces. If a neighbour smokes on his or her balcony then this will cause problems for those who live below as well as above them. If someone has asthma, they may find it difficult breathing with too much cigarette smoke around them so smokers should be aware of the effect it could have if they decided to light up outside at home after work instead of heading out into town like most people do these days! You need to know what rules apply in your specific strata development however there are some general guidelines that all apartment owners should follow. There is a lot of debate about whether it is acceptable to smoke on your balcony with recent reports stating that the number one reason for complaints in apartment buildings are smoking. The rules state very clearly around where and how you can smoke in outdoor spaces.

How to stop smoking on the balcony.

One of the best ways to stop someone from smoking on the balcony is to speak with them and see if they can smoke somewhere else. Most people would be happy to do this but you need to have a discussion before it gets out of hand.

If this doesn’t work, go back again later and let them know that you are being negatively affected by their smoking habits. You can also reach out to your strata committee or owner’s corporation which may help put some pressure on the neighbour who smokes too much while at home. If all these options fail, then unfortunately there isn’t much more you can do apart from trying mediation via an impartial third party such as a lawyer for example, however, keep in mind that costs could run high depending on who pays for what.

You could also talk with your strata council and see what they say, they might have an official policy against smoking which would help enforce this rule. This information will also be available when you get a strata report in Sydney if you’re a current owner or a potential buyer.

If your strata do not have any specific rules about smoking, it’s still possible to talk with them and see if they can help set some boundaries for what occurs on the property, there should be someone who is willing to listen given that no other neighbours would want smoke wafting around their units either while they’re trying to relax at home after work!

Sometimes smokers will just continue to smoke outside anyways so there’s no guarantee that any of these options will work! In these cases, you’ll need to get creative! Creative solutions include putting up a clothesline between balconies (so that both neighbours are separated), installing an exhaust fan in one of the units (to suck away any smells from nearby units), or spraying down the area around where someone has been smoking with water (which makes it difficult for them to light up again). These methods won’t necessarily stop someone, but they may deter them from smoking around places where the harmful smoke could affect you.

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