If you live next to a smoker, talk to them politely about your concerns, suggest they smoke outdoors or use designated areas, seal gaps in your home to block smoke entry, involve building management or strata if needed (especially for smoke-free bylaws in apartments), and focus on protecting your own space with air purifiers and sealants, as ventilation alone isn't enough.
Some ways to avoid secondhand smoke and set boundaries with your loved one are:
If you have tried speaking with the neighbour and the issue isn't resolved, report it to your local council. Second-hand smoke is a nuisance and a hazard and should be treated the same as noise complaints. You can also try contacting your local health district to see if they can help resolve the issue.
Confrontation Talking or write a note to your neighbour, stating your problem and how it affects you. Ask him to smoke other parts of house or at different timing.
People who breathe in secondhand smoke regularly are more likely to get the same diseases as smokers, including lung cancer and heart disease. Pregnant women exposed to passive smoke are more prone to premature birth and their baby is more at risk of low birthweight and sudden infant death syndrome (cot death).
Second-hand smoke has the same toxic chemicals in it as the tobacco smoke breathed in by a person who smokes. More than 70 chemicals in second-hand smoke have been shown to cause cancer in human studies or lab tests. Any exposure to second-hand smoke can be harmful to your health.
Seal off your apartment and the smoker's apartment:
Yes, if their smoke enters your home and causes harm or nuisance, you can file a civil injunction suit and even a police complaint under IPC Section 268.
You may file a neighbour dispute claim at the CDRT if your neighbour causes any of the following examples of interference: Creates excessive noise, smell, smoke, light or vibration. Litters at or in the vicinity of your place of residence. Obstructs your place of residence.
Steps to Take if Your Neighbor's Smoke is a Problem
Public Health Department: If the smoke violates local smoke-free laws or poses a health risk, contact your local public health department or housing authority to inquire about lodging a complaint. They may conduct an investigation and take action to enforce local laws.
Australia's new tobacco laws, fully effective July 1, 2025, significantly change cigarettes to be less appealing by banning flavors (like menthol), flavorsome additives (like crush balls), and false marketing terms (like 'smooth'), while mandating uniform sizes (20 per pack), plain packaging, and new filter-based health warnings, all under the Public Health (Tobacco and Other Products) Act 2023, to deter smoking and aid quitting, with added penalties for illegal trade.
The Smoke-free Environment Act 2000 makes a number of outdoor public places smoke-free. Smoking is banned within 4 metres of a pedestrian entrance to or exit from a public building in NSW. This law is called the '4 metre law'.
Try wiping down furniture, washable walls, floors, etc. with white vinegar. Also, try placing several bowls of vinegar around the room with the smoke damage, leaving them there for several days. If you can't stand the smell of vinegar, try mixing a bit of lavender oil into the bowls to help cut the odor of the vinegar.
Secondhand smoke odor is detectable at 23 feet from the source and irritation levels began 13 feet from the source. Furthermore, anyone positioned downwind from an outdoor source of secondhand smoke will be exposed, even at significant distances from the source.
Secondhand smoke, from a tobacco product or the breath of a person using tobacco, causes many health problems. These can include cancer, heart disease and respiratory illness. The effects from long-term exposure to the toxins in thirdhand smoke are not as well studied.
Second-hand smoke in residential houses
This list is not exhaustive but the most common neighbour disputes tend to be about:
8 ways to say, 'Don't smoke around me'
This may depend on where the smoking is taking place. If the neighbour is smoking in their garden, then there is very little you can do to stop the smoke wafting over into your garden. If the neighbour is smoking cannabis on a regular basis, the police may be interested and may visit the neighbour to stop the activity.
Reporting Violations
Members of the public should report violations to the management, whenever possible, for them to deal with. In public places where there is no specific managing agent to deal with violators, the public can contact the NEA at 1800-CALL-NEA (1800-2255-632) to file a report.
Spaces that contain thirdhand smoke may smell like someone has smoked there for weeks or even months. The deposited gases and particles from thirdhand smoke may combine with gases in the air, forming cancer-causing compounds that can become progressively hazardous over time.
Be clear about what you want to achieve, that is, to stop their tobacco smoke entering your home and consider what compromises you might be willing to make. For example, the neighbour may be willing to limit the time or place where s/he smokes to minimise smoke penetrating your home.
Secondhand smoke can still spread through your home. It can travel through doorways, cracks in walls, electrical lines, ventilation systems, and plumbing. In an apartment building, secondhand smoke can travel between apartment units.
Third-hand smoke, the residue left on surfaces and fabrics, can remain for weeks, months, or even years if not properly cleaned. This residue can be re-emitted into the air and recombined to form harmful pollutants, continuously affecting indoor air quality.