Renovating a lot in a body corporate
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Home » Legislation » Smoking: A health hazard to be restricted in strata
For many years, adjudicators considered whether the smoke-drift constituted a nuisance or an unreasonable interference with another lot. <br><br>
The words nuisance, and unreasonable interference have specific legal meanings. To satisfy a nuisance or unreasonable interference application, the applicant would need to demonstrate the amount of the smoke-drift, the frequency of it, the severity of the impact, and that the issue was not just the applicant’s increased sensitivity to the smoke-drift.
To illustrate nuisance and unreasonable interference, consider a pet example.
If your neighbour had a pet dog which barked occasionally (up to 5 times per day):
Previous adjudication decisions considered that occasional smoke drift and smoking odour was often not significant enough to be considered a legal nuisance, or to cause an unreasonable interference with a person’s enjoyment of their lot. In the dog analogy, the dog was not barking loudly or often enough to be considered a nuisance.
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On 24 April 2024, the Queensland Government announced more changes to the legislation regarding pets. Taking effect from 1 May 2024 these will impact nearly all body corporate communities in Queensland. This article touches on those changes, how they compare to the previous legislation, and what it means for body corporate committees.