#29001
Lady Penelope
Strataguru

    Is the odour emanating from your building or from another source?

    If the odours are cooking odours (which you appeared to allude to) and if the cooking odours are emanating from cooking within a Lot then there is not much that you can do about it.

    Various menus create their own temporary unique aromas and/or odours – some appeal to one group of gourmands and yet are unappealing to others. It would be unreasonable to ban a certain type of cooking merely because you did not personally like it. 

    However, if cooking smells are emanating from BBQs on terraces or balconies then there may be a By-law about this, particularly if the BBQ is smokey. Check your by-laws.

    It is unlikely that an apartment cooking odour would be defined as an ‘offensive odour’.

    An ‘offensive odour’ is defined as an odour that, due to its strength, nature, duration, character, quality, time of emission or some other circumstance,

    • is harmful or likely to be harmful to a person who is outside the premises from which it is emitted
    • interferes or is likely to interfere unreasonably with the comfort or rest of a person who is outside the premises from which it is emitted, or
    • is prescribed by the regulations.