Queenslanders may not be able to light up on their own balconies under proposed changes to body corporate laws.
As part of a wider review of the state’s property laws, the attorney general, Jarrod Bleijie, commissioned research which found that smoke from neighbouring units sometimes forced non-smokers to keep their windows and doors shut.
The Queensland University of Technology research suggested empowering bodies corporate to regulate where unit dwellers could smoke, allowing them to rule out areas such as balconies.
“On a balcony, it can be a nuisance. You can even smell it two or three floors up,” researcher Bill Duncan said.
Asthmatics struggling to cope with the effect of chain smokers living in their block were among people who had sent submissions to researchers.
A ban prohibiting people from smoking on their own property would work only if it wasn’t found to be unreasonable and oppressive, Duncan conceded. Even if it did become law, enforcing it could be tricky, he said.
The Cancer Council Queensland welcomed the prospect of such a ban.
“Almost one life is lost every day in Queensland due to second-hand smoke exposure,” spokeswoman Katie Clift said.
Inhaling smoke could increase by 30% a person’s risk of developing lung cancer, and smoke could linger in curtains, dust, toys and clothes long after the cigarette had been extinguished, she said.
Public consultation on the proposed changes is open until 30 January.