Smoke-free Apartments in NSW - SSKB - Strata Managers | Community Experts

Smoke-free Apartments in NSW


The Cancer Council has recently released the Achieving Smoke-free Apartments toolkit to assist owners corporations in NSW introduce smoke free by-laws.

In NSW strata committees have the authority to ban smoking. Although a very contentious issue, introducing a smoke-free by-law is the most effective way to eliminate the health, legal and financial risks associated with smoking in apartment complexes.

This toolkit is designed to help strata committees advocate for a smoke-free by-law, and to provide guidance on the development and implementation of a smoke-free by-law. The toolkit summarises the health, financial and legal benefits of smoke-free apartment complexes, the steps that can be taken to achieve smoke-free living, and examples of what to include in a smoke-free by-law.

Below is a sample by-law that has been introduced by a number of our owners corporations.


    1. The proprietor or occupier of a lot must not smoke nor allow smoking within a lot or within the common property;
    2. Without limiting paragraph (1), the proprietor or occupier of a lot must not allow any invitee to smoke within his/her lot or upon common property;
    3. The Owner’s Corporation delegates to the strata managing agent responsibility for:
      1. The service of a notice, in a form approved by the Director-General, on the owner or occupier of a lot requiring the owner or occupier to comply if satisfied that the owner or occupier has contravened this by-law and
      2. Commencing legal proceedings seeking Orders, requiring a person who fails to comply with a notice served in (a), to pay the statutory pecuniary penalty and any costs of the Owners’ Corporation in the proceedings.

For more information contact your community manager or go The Cancer Council website


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