Condo Smoking Rules in Malaysia: Act 852, By-Laws and Neighbour Smoke (2026)

中文 · Bahasa Melayu · Bahasa Indonesia

By Jason Lim, REN 84424 · IQI Realty · Checked on 15 November 2026

This guide is for condo owners, tenants, landlords and buyers in Johor Bahru, including buyers from Singapore, Indonesia, India and China. The short answer: Malaysia’s Control of Smoking Products for Public Health Act 2024 (Act 852) bans smoking and vaping in 28 listed kinds of places, including lifts, but not inside your own unit or in most residential common areas. There, the building’s by-laws decide: the standard by-laws forbid causing a nuisance or danger to neighbours, and owners can vote in extra smoking rules with fines of up to RM200.

What Act 852 says, and where it stops

Act 852 (Akta Kawalan Produk Merokok bagi Kesihatan Awam 2024) took effect on 1 October 2024. Its no-smoking places come from a gazetted list of 28 kinds of places, published in full by Malay Mail on 3 October 2024: eateries, shopping complexes, hospitals, schools, transport terminals, public parks, workplace buildings, launderettes and “lift or public toilet”, among others. Workplaces and launderettes have been enforced since 1 January 2025.

The list does not include private homes or the shared areas of residential buildings in general; its only mention of residential buildings is an exclusion from the assembly-area item. So the law reaches some condo spots directly and leaves the rest to the building’s rules.

Place in or around a condo	On the Act 852 list?	What usually applies
Inside your unit, including the balcony	No	Standard by-law on nuisance or danger; the tenancy agreement for tenants
Lifts	Yes, listed as “lift or public toilet”	Act 852, plus signs and house rules
Lobby, corridors, staircases, car park	Not listed as such for residential buildings	Additional by-laws and house rules
Pool deck, gardens, children’s play area	Public parks are listed; a private condo garden is not a public park	Additional by-laws and house rules
Residents’ gym	Gymnasiums are listed; whether a residents-only gym counts is for the district health office to confirm	Check the house rules too
Management office	Workplace buildings are listed; a staffed office is likely covered, but confirm with the health office	Act 852 and house rules
Shops, eateries and launderettes in a mixed development’s podium	Yes, including the five-foot way and ground within three metres of the building line	Act 852; the shop operator must act too

Fines, and who has to act

• Smokers and vapers. Section 16 makes smoking in a non-smoking place an offence, with a fine of up to RM5,000. The Health Ministry’s (KKM) Act 852 FAQ says this offence can be compounded.
• Owners and occupiers of a listed place. Under section 18 they must put up no-smoking signs, must not provide ashtrays or other smoking facilities, and must take reasonable steps to stop smoking there. Each failure carries a fine of up to RM5,000 (Tobacco Control Laws summary, updated 1 April 2025). For a condo lift, that duty would fall on the management body as the party in charge of the common property.
• Enforcement. KKM said on 1 June 2026 that, by 30 April 2026, it had inspected 683,704 premises and issued 233,831 compound notices under Act 852 (Bernama).
• Reporting. KKM’s MyLapor feature in the MySejahtera app, rolled out by October 2026, takes reports of smoking and vaping in the 28 gazetted zones. It is not the channel for smoke from a neighbour’s balcony.

What condo by-laws say about smoking

Every strata scheme in Peninsular Malaysia, including Johor, runs on the 30 standard by-laws (undang-undang kecil) in the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015, made under the Strata Management Act 2013 (Act 757) (Malay Mail, 29 September 2026). The one that matters here says an owner must not use the unit, or let it be used, in a way that causes a nuisance or danger to other owners or their families. I could not find a standard by-law that names smoking, so smoke complaints usually rest on that clause. Whether smoke is a nuisance depends on how often, how bad and what evidence you have.

Additional by-laws: how a building bans smoking in common areas

Sections 32(3) (JMB stage) and 70(2) (MC stage) of Act 757 allow additional by-laws on matters that include safety and security, behaviour and refuse, with fines of up to RM200 per breach.

• How they pass: a special resolution at a general meeting, with at least 21 days’ notice of the proposed text and at least three-quarters of the valid votes cast.
• Filing: a certified copy goes to the COB within 14 days (JMB) or 30 days (MC).
• Who is bound: owners, tenants and other occupiers (sections 32(4) and 70(3)).
• Typical wording: no smoking or vaping in lifts, lobbies, corridors, staircases, the gym, function rooms, the pool deck and play areas; a marked smoking spot away from windows and air intakes, if the owners want one; and no throwing cigarette butts from windows or balconies.

A by-law that tries to ban smoking inside private units or on balconies goes further than a common-area rule and is more open to challenge. Have a lawyer check the wording before the vote. My guide to proposing additional by-laws covers the steps, and condo AGM voting explains how resolutions and proxies work. House rules without a by-law behind them cannot carry a fine.

When a neighbour’s smoke comes into your home

Smoke from a balcony or stairwell can drift into nearby units. The World Health Organization says there is no safe level of exposure to second-hand tobacco smoke (fact sheet, 26 June 2026). For health concerns, speak to a doctor; this guide covers the rules and steps:

1. Find the source. Which unit, balcony, window or staircase? Check before you knock on a door.
2. Talk first, if it is safe. Many smokers do not realise their smoke reaches you; a polite request often solves it.
3. Keep a log. Dates, times, photos or short videos, and other affected neighbours. Management and the tribunal look for a pattern.
4. Write to management. Send the JMB or MC (Badan Pengurusan Bersama or Perbadanan Pengurusan) your unit number, the source unit, your log and the by-law concerned, and ask for a written reply.
5. Go to the COB. If management does not act, complain to the Commissioner of Buildings (Pesuruhjaya Bangunan) at your council: MBJB, MBIP, MBPG or MPKu. See JB’s local councils explained.
6. File with the Strata Management Tribunal. It hears by-law claims, including orders to stop a breach and damages, up to RM250,000. A residential claim (Form 1) costs RM100 through KPKT’s e-TPS system (KPKT FAQ, July 2025). See my Strata Management Tribunal guide.
7. Mediation or court. The Ministry of National Unity runs community mediation centres at no fee (Bernama, 1 August 2026). A private nuisance claim in court is the last step, so take a lawyer’s advice first.

Meanwhile, close windows facing the source at the usual times and seal gaps around doors. The steps mirror those for noise; see noisy neighbours in condos has more on evidence and on tenants.

Cigarette butts and fire risk

A butt flicked from a balcony can land on laundry, an aircon ledge or dry landscaping below, and butts in refuse chutes can start fires. Report it to management with a photo; a by-law against throwing things from balconies gives management something to enforce. For the wider picture, see fire safety and lifts in condos, fire safety in landed houses and balcony enclosure rules.

Landlords and tenants

• Put it in the agreement. A landlord can make “no smoking or vaping inside the unit or on the balcony” a tenancy term, and attach the by-laws. See my tenancy agreement guide and first-time landlord checklist.
• Record the condition. Dated photos of walls, ceilings, curtains and aircon filters at check-in make a later claim for smoke stains or odour easier to support. Deductions should follow the agreement and the evidence; see rental deposit refunds and the tenant screening and inventory checklist.
• Act on complaints. Owners who ignore a known nuisance can share the blame. In a 2019 noise case, the Court of Appeal held owners who let their units liable alongside the management corporation after they had been told of the problem and did nothing (Chin Moy Yen & Ors v Chai Weng Sing & Ors).
• Short stays. Put the no-smoking rule in the listing and welcome notes. See short-stay rental rules in JB.

Landed homes and gated estates

A terrace, semi-D or bungalow on its own title has no strata by-laws, so smoke from next door is a neighbour matter: talk, then the residents’ association, mediation and, last, a nuisance claim. Gated estates on strata titles use the same by-laws and COB route as condos. See neighbour disputes, landed strata title and gated and guarded homes.

Buying or renting when smoke bothers you

Choosing well is easier than fighting a neighbour later. On viewings, check:

Check	Why it helps
Visit in the evening and at a weekend	Smoking peaks when people are home
Walk the corridor, the staircase near the unit and the car park lift lobby	Butts and smell show where people smoke
Look at the ledges and balconies below	Butts there point to smokers above
Ask management for the additional by-laws and house rules	Shows whether common-area smoking is banned and fined
Read the last two sets of AGM minutes	Complaints and proposed smoking rules often appear there
Note the unit’s position	Units beside stairwell doors, a marked smoking spot or the car-park entrance get more drifting smoke

For more, see choosing a condo unit by facing and noise, checking condo management before buying and questions to ask at a subsale viewing. Foreign buyers should note Johor generally sets a RM1 million minimum price for them, with only limited exceptions (for example, some serviced apartments sold by developers with state approval); no area is exempt as a whole. See the Johor foreigner minimum price.

Where to buy if this matters to you

• Mount Austin: completed condos with years of AGM minutes to read.
• Iskandar Puteri: newer buildings where owners are still setting their first additional by-laws.
• Tebrau, Setia Indah and Molek: established areas with both condos and landed homes.
• Permas Jaya and Senibong: east-side condos, some of them low-density.
• JB Sentral and Bukit Chagar: mixed developments where podium shops and eateries are no-smoking places under Act 852.

Compare them on my JB property map.

More Johor living guides: Noisy neighbours in a condo · Condo by-laws, access cards and visitors · Condo facilities and booking rules · Condo move-in and move-out rules · JMB vs management corporation

Frequently asked questions

Is smoking banned in condos in Malaysia?

Not as a whole. Act 852 bans smoking and vaping in 28 listed kinds of places, including lifts, but not inside private homes or in most residential common areas. Each condo’s by-laws decide the rest, and owners can pass additional by-laws banning smoking in common areas with fines of up to RM200.

Can I smoke on my own condo balcony?

Act 852 does not ban it. But the standard strata by-laws forbid using your unit in a way that causes a nuisance or danger to other owners, so persistent smoke drifting into neighbours’ homes can lead to management action or a tribunal claim. Check your building’s by-laws and any tenancy agreement.

Is smoking allowed in condo lifts and corridors?

Lifts appear on the Act 852 list as “lift or public toilet”, so treat them as no-smoking. Corridors, staircases and car parks of residential buildings are not listed as such; whether smoking is allowed there depends on the building’s additional by-laws and house rules.

What is the fine for smoking in a non-smoking area in Malaysia?

Up to RM5,000 under section 16 of Act 852, and the offence can be compounded. Owners and occupiers of listed places also face up to RM5,000 for failing in their duties, such as displaying signs. A condo by-law fine is separate and capped at RM200.

What can I do if my neighbour’s cigarette smoke comes into my unit?

Find the source, talk to the neighbour if it is safe and keep a dated log. Then write to the JMB or MC citing the nuisance by-law. If management does not act, complain to the Commissioner of Buildings at your council or file a claim at the Strata Management Tribunal, which costs RM100 for a residential claim.

Can a landlord ban tenants from smoking?

Yes, through a clause in the tenancy agreement covering the unit and the balcony, and the building’s by-laws also bind tenants. Dated check-in photos help support any later claim for smoke damage.

Does Act 852 cover vaping?

Yes. The Health Ministry’s FAQ lists e-cigarettes and vapes as smoking products, so vaping is banned in the same 28 kinds of places as smoking. Condo by-laws should say “smoking or vaping” to avoid arguments.

Looking for a condo where smoke won’t be a problem?

Tell me the area, your budget and whether you are buying or renting. I will shortlist units, ask management for its smoking by-laws and show you where people tend to smoke. You can also book an appointment for viewings, or a Zoom consultation if you are abroad.

Sources: Malay Mail, “Where you cannot smoke in Malaysia since Oct 1”, list of 28 gazetted places, 3 October 2024; Malay Mail, on the RM5,000 maximum fine and workplace and launderette enforcement, 1 January 2025; Tobacco Control Laws, Malaysia: duties and penalties under Act 852 (sections 16 and 18), updated 1 April 2025; KKM, FAQ Pelaksanaan Penguatkuasaan Akta 852, 2024; Bernama, “Over 680,000 premises inspected nationwide under Act 852 enforcement”, 1 June 2026; SoyaCincau, on KKM’s MyLapor reporting in MySejahtera, 12 October 2026; World Health Organization, Tobacco fact sheet, 26 June 2026; Strata Management Act 2013 (Act 757), sections 32 and 70 (copy published by DBKL), checked November 2026; Strata Management (Maintenance and Management) Regulations 2015, P.U.(A) 107 (copy published by DBKL), in force June 2015, checked November 2026; Malay Mail, “Buying a strata home? The rules that can govern your pets, parking and even your access card”, 29 September 2026; KPKT, Soalan Lazim Tribunal Pengurusan Strata, updated July 2025; KPKT, e-TPS portal, checked November 2026; Bernama, on the Ministry of National Unity’s community mediation centres, 1 August 2026

Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 15 November 2026 from the dated sources listed above; not legal or medical advice. Laws, gazetted lists and building by-laws change; confirm with your district health office, your management office, the Commissioner of Buildings at your council or a lawyer before you act.