Can I have a BBQ on my balcony in Queensland?
There is no single answer for every apartment. Whether you can use a balcony BBQ depends on your body corporate’s by-laws, the type of BBQ and whether using it creates a safety risk, nuisance or unreasonable interference for other residents.
Take extra care when using a balcony barbecue. Balcony fires can ignite nearby items and cause serious building fires, so check the conditions around you before cooking.
For more information about balcony responsibilities, read our guide to apartment balconies and issues for strata residents.
What do my body corporate by-laws say about balcony BBQs?
Your body corporate’s by-laws are the first place to look. By-laws can control and manage the use of lots, common property, body corporate assets, services and facilities. For a community titles scheme, they are generally recorded in the community management statement, or CMS.
Check whether your by-laws:
- prohibit or restrict BBQs on balconies
- regulate smoke, odours, noise or other nuisance
- contain rules about combustible materials or hazards
- require approval for particular activities or equipment.
If you are unsure which by-laws apply, obtain a copy of the current CMS or ask your body corporate manager or committee. The applicable by-laws can depend on when the scheme was created and which legislation governs it.
The Body Corporate and Community Management Act 1997, known as the BCCM Act, applies to most Queensland community titles schemes. A recorded by-law applies unless and until an adjudicator decides that it is invalid. By-laws must not be unreasonable or inconsistent with the legislation.
You can also read our plain-English guide to body corporate by-laws.
How can I use a balcony BBQ safely?
Residents who are permitted to use balcony BBQs should exercise a high degree of caution. Keep combustible items away from the BBQ, and do not leave it unattended while cooking.
Before using it, check that:
- the balcony is open and well ventilated
- weather and wind conditions are suitable
- the grease tray is clean
- you know how to use any fire extinguisher available
- clothing fits closely and cannot easily catch fire.
Never use an LPG BBQ in a confined space. Turn the gas off when cooking is finished, and turn the gas cylinder off when the BBQ is not in use. Follow current fire-safety and manufacturer guidance for the appliance you have.
Queensland’s fire-safety requirements include multi-unit residential buildings and require prescribed fire-safety installations to be maintained so they remain effective and reliable during a fire. Keep the building’s fire-safety equipment accessible and do not obstruct common-property fire installations.
How can I reduce smoke, smells and nuisance for neighbours?
Windy balcony conditions can create a danger for you and nearby residents. Smoke and smells can also affect neighbouring lots, particularly when balconies are close together.
You can reduce the impact by:
- cleaning the grease tray before and after use
- using lower heat where practical
- lowering the lid, if the BBQ has one
- keeping noise to an acceptable level
- ensuring rubbish is not thrown over the balcony
- making sure washing-down water does not flow onto units below.
Under Queensland body corporate rules, occupiers must not use a lot or common property in a way that causes a nuisance or hazard, or unreasonably interferes with another lot or common property. Odours and unreasonable noise are examples of behaviour that may cause concern. Our guide to keeping common property free of hazards also covers practical ways to reduce risks.
What should I do if a balcony BBQ causes a safety or by-law concern?
If a BBQ is creating smoke, noise, odours or another concern, speak with the resident first if it is safe and reasonable to do so. Explain the issue calmly and keep a written record if the behaviour continues.
Anyone raising a nuisance or hazard concern must try to resolve it with the other person before taking further dispute resolution steps. If self-resolution fails, an affected person may apply for conciliation or follow the process for enforcing a registered by-law where relevant.
Balcony BBQs may be possible, but your by-laws and safe use come first. If you need help understanding your scheme’s rules, contact StrataCare at reception@stratacare.com.au.
