In April 2011, the body corporate of an Ashfield apartment block in Sydney implemented a bold new rule: a no-smoking by-law banning residents from lighting up inside their units or on their balconies.

In an interview with the Sydney Morning Herald, the chairman explained: “We asked our managers if we could have a by-law to ban all smoking in units as well as on common property and two weeks later they came back with a draft of a by-law to make the building a smoke-free zone in its entirety.”

The Debate

This decision sparked immediate debate. Smokers argued they should be free to smoke in their own homes, while non-smokers raised health concerns about second-hand smoke drifting through shared walls, ceilings, and ventilation systems.

Currently, there are no government laws banning smoking inside private residences. However, smoking is already prohibited in many common property areas under Section 6 of the Smoke-Free Environment Act 2000, which defines a “smoke-free area” as any enclosed public place.

What Can Non-Smokers Do?

If smoke is affecting your enjoyment of your home, Metro Strata recommends a step-by-step approach:

1. Talk to your neighbour. Calmly raise the issue and explain how the smoke is affecting you. Many residents are willing to cooperate once they’re aware of the problem.
2. Raise it with the Owners Corporation. If a private conversation doesn’t work—or you’re uncomfortable initiating one—take the issue to your building’s Owners Corporation. They may discuss solutions or propose a by-law to manage the situation.
3. Consider a by-law change. Owners Corporations have the power to implement by-laws restricting or banning smoking in units, balconies, and common areas if supported by a special resolution.

Balancing Rights and Health

At present, smoking is legal, but strata communities have the right to implement stricter by-laws to protect residents from passive smoking. It’s a balancing act between individual rights and collective health and safety.