Short answer
There is no single state-wide rule. Whether a BBQ can be used on a balcony depends on the scheme’s own by-laws and, in some buildings, fire-safety requirements. A scheme can make a by-law that restricts or prohibits BBQs on balconies — commonly for fire risk or smoke drift — provided the by-law is reasonable and not inconsistent with the law. If the by-laws are silent, using a BBQ is generally not prohibited, but smoke or fumes that affect neighbours can still be treated as a nuisance.
Why schemes restrict them
Balcony BBQs sit at the intersection of two real risks in apartment living: fire, and smoke or fumes drifting into the lots above and beside. Many schemes therefore adopt a by-law that either bans open-flame BBQs on balconies outright or permits only certain types, such as electric units. These by-laws are usually about the shared safety of the building rather than any one resident’s preference, which is part of why they hold up.
When there is no by-law about it
If the scheme has no by-law on the point, a BBQ is not automatically banned — but “not banned” is not the same as “no rules apply.” Under the Act, an owner or occupier must not use their lot in a way that causes a nuisance or hazard to other residents. Persistent smoke or a genuine fire risk from a balcony BBQ can be dealt with on that basis even without a specific BBQ by-law. Fire-safety obligations attaching to the building can also apply.
Making or changing the by-law
If a scheme wants a clear position, the answer is a by-law made the proper way — a special resolution of the owners corporation at a general meeting, then registration with NSW Land Registry Services, without which the change is not enforceable. (See how to make or change a by-law.) A well-drafted by-law states plainly what is and is not allowed, so residents are not left guessing.
Getting the rule clear for everyone
The frustration with balcony BBQs is usually not the law — it is that nobody is sure what the scheme actually decided. A system such as Straita holds the current registered by-laws where every owner and tenant can see them, and keeps the record of any change, so “can I use a BBQ out here?” has one clear, current answer instead of a committee-inbox argument.
Primary sources
- Strata Schemes Management Act 2015 (NSW) — by-law-making power, the reasonableness limit, and the nuisance-or-hazard rule (s 153).
- NSW Government — Strata by-laws (Fair Trading) — how schemes make and register by-laws.