Residential premises

Smoking is banned in all enclosed common areas of multi-unit residential accommodation, such as foyers and enclosed stairwells. This includes the use of all smoking products, including electronic cigarettes.

The ban does not apply to:

• single-unit/detached residential premises
• private areas of multi-unit residential accommodation (for example, inside units, private courtyards, verandahs or balconies)
• outdoor common or shared areas in a complex (for example, a swimming pool, carpark or pathways).

Body corporate specific rules

In addition to the statewide ban, changes to the Body Corporate and Community Management Act 1997 that commence on 1 May 2024 will:

• allow bodies corporate to make by-laws that prohibit smoking on common property or an outdoor area (for example, car parks or balconies)
• make clear that regularly exposing a person in another unit or on common property to second-hand smoke is a nuisance, hazard and unreasonable interference that should not be occurring.

The Office of the Commissioner for Body Corporate and Community Management provides unit owners, occupiers and bodies corporate with general information about the Body Corporate and Community Management Act 1997 as well as options for resolving disputes and disagreements arising within community titles schemes. Find out more about body corporate laws or get in touch with the Office of the Commissioner for Body Corporate and Community Management by phone on 1800 060 119 or submit an online question.