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In May 2024, Queensland implemented significant changes to its body corporate legislation, including new regulations addressing smoking in outdoor areas, including the outdoor areas of private lots.

These new laws are designed to address the growing concerns around second-hand smoke, representing a considerable shift in the management of common property and private spaces within body corporate communities.

This article looks at the new legislation and the aim of its implementation, plus what it means for all residents and body corporate committees.

New smoking legislation in a nutshell

From May 2024, a body corporate can now make by-laws that prohibit or restrict a person smoking cigarettes or other smoking products – including electronic cigarettes and vaping, within their scheme’s common property and a lot owner’s exclusive use or private outdoor area.

This legislation aims to minimise the exposure of residents to second-hand smoke, which has been increasingly recognised as a health hazard and a source of nuisance.

What areas in a body corporate does it affect?

A smoking by-law can apply to all or part of:

  • Body corporate common property or assets – all internal and external areas of the common property including lifts, foyers, pools, gyms and car parks
  • Exclusive use common property or assets like courtyards or patios
  • Private use outdoor areas like balconies

The definition of an outdoor area includes any of the following:

  • Balcony
  • Courtyard
  • Patio
  • Verandah

Second-hand smoke as a hazard and nuisance

This new legislation acknowledges that regularly exposing another person to second-hand smoke can now be classified as:

  • A nuisance
  • A hazard
  • An unreasonable interference

These classifications align with broader public health objectives acknowledging the adverse effects that second-hand smoke can have on an individual’s well-being.

Implications for residents

For non-smoking residents, these changes mean more protection from the harmful effects of second-hand smoke, enhancing the overall quality of life within body corporate communities.

For smokers, it necessitates greater consideration of where and when they can smoke, potentially their own balconies and exclusive use car parks or courtyards.

Implications for body corporate committees

For body corporate committees, the amendments provide a clear legal framework to manage smoking-related issues. This includes the opportunity to update by-laws within their scheme, in line with the consensus of all owners. This, in time, will reduce the potential for disputes and provide a cleaner living environment for all.

It will also require diligence in enforcement and communication, ensuring all residents understand and comply with the new legislation and any updated or created by-laws.

Putting these changes into effect

While the law now permits bodies corporate to restrict or prohibit smoking in the outdoor areas of lots, these changes won’t take effect automatically. The body corporate must first pass a motion to amend its existing by-laws, and lot owners will need to vote on whether to implement the change.

For committees considering a change to smoking by-laws, we recommend looking at the implications of any restrictions across the entire scheme. For example, most bodies corporate already prohibit smoking on common property. If they were also to ban smoking in courtyards and on balconies and patios, residents may need to walk outside the front gate and on to the council street to smoke.

In that case, it may be more reasonable to create a smoking area within the common property, rather than proceed with a blanket ban across all outdoor areas of the complex. Is there a low-impact area that could be designated as a smoking zone? This is what many pubs, restaurants and shopping precints have done already to manage the situation.

For more information or guidance on smoking by-laws, contact your BCsystems’ body corporate manager.

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