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The legal position on smokefree flats, apartments
and community housing varies
between countries and between Australian states and territories.
But the trend is towards making available more smokefree shared and high
density housing. There is an increasing demand for this, as people
become more aware of secondhand smoke health risks and less tolerant of
smoke drifting into their homes.
Latest developments and resources:
NSW / AUSTRALIA
Facebook group
Nov. 2009: Some concerned citizens have
started a Facebook
group to exchange information and campaign for improved laws
to protect people from being harmed by others' smoke in high-density
housing. Check the page and consider joining.
Draft smokefree bylaws for NSW strata
owners
ASH has drafted a bylaw that could be adopted by strata corporations under the
NSW Strata Schemes Management Act 1996. In its present form it's a bit NSW-specific but could easily be adapted for other
jurisdictions or to suit the specific situation. See the
draft bylaw
Hanging out the sign: these flats are smokefree
September 2008: These signs on a block of Sydney flats show that the
owners have made them smokefree - a legal decision and in the interests
of residents and visitors.
Legal precedent: smoking declared a nuisance under NSW
strata law
6/11/2006: Smoking has been legally
declared a "nuisance" under NSW strata title law, with a
decision by the Consumer, Trader and Tenancy Tribunal in the
"Highgate" case authorising a North Sydney owners' corporation to prevent tenants smoking in their unit where the
smoke drifts into other units or common areas. There has been no appeal
against the decision, rendering similar actions likely to
succeed. See the
decision
In the earlier case of Salerno v Proprietors of Strata Plan No. 42724
(8 BPR 15,457) settled in the NSW Supreme Court on 8 April 1997, the
court ruled that it was within the power of the Owners Corporation to ban smoking by both
occupants and visitors.
Smokefree housing
resources and info
The Cancer Council NSW has produced an excellent
factsheet, Smoke
drift in apartment blocks: what you can do (February 2007) summarising the options for residents
in NSW concerned about smoke drift. Some of the information is also
relevant to other jurisdictions.
When advocating for improvements, it's always good to
quote some of the latest HEALTH
RESEARCH on harm from secondhand smoke.
NSWhealth produced an earlier factsheet
on the impact of smokefree laws on strata and community schemes. It
doesn't address smoke drift issues but has good info on other aspects.
Smokefree public housing policy
1/7/05: The largest landlord in Australia, the NSW
Department of Housing, put into effect its smokefree policy after consultation with peak tenant groups. ASH had been in
discussions with the Department since 2003 following complaints
about smoke and smoke-drift in internal common areas. This policy is a
major achievement for the Department as they manage 130,000 dwellings
including 68,000 units with 70 teams who support the policy - including
putting up "smokefree" permanent signs in each unit block.
The policy includes no-smoking in all common areas, signage requirements, mediation
and guidance by the Good Neighbour Policy for people who ignore the
policy. It wwas proposed to include a review and
evaluation process. See
NSW Dept of Housing's (2005) SmokeFree
Areas In Public Housing FactSheet
This policy should be brought to the attention of
housing authorities in other states as a means of improving living
conditions for all public housing tenants.
Retirement villages
In NSW, Under the Retirement Villages
Regulation 2000, smoking is not permitted in any building (other
than the premises of residents) or other enclosed parts of common areas.
INTERNATIONAL
Concern over the right to smokefree housing is growing
worldwide. Latest developments:
Canada: Public demand for more
smokefree shared/high-density accommodation
A survey of people in flats and apartments in British Columbia showed a strong
demand for smokefree buildings. See Smokefree
Housing BC
US: City bans smoking in apartments
The US city of Belmont, near San Francisco, has banned smoking in
condominiums and apartments, including their patios and yards. Any
multi-floor, multi-unit building sharing common floors or ceilings is
covered. Transgressors face fines of up
to US$1000. Property owners are required to insert no-smoking
provisions in new or renewed residential leases. See SFGate.com
report 11/10/07
and
ASH (US) site
See this informative Texas,
US site If you wish to be included in an International
listserve working on these problems, please contact Jim Bergman at jbergman@tcsg.org at
the Smoke-Free Environments Law Project.
See latest HEALTH
RESEARCH on harm from secondhand smoke
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