Queenslanders asked to give their feedback on a balcony smoking ban in apartment blocks.

A government-commissioned QUT review of property law has found “smoke drift” can settle in adjoining flats or townhouses, forcing non-smokers to lock themselves in to avoid it.

Director of QUT’s commercial and property law centre Bill Duncan told 612 ABC it’s not easy to prove the smoking is a nuisance, or to stop it altogether.

“At the moment it’s very difficult for bodies corporate to do this without a bylaw, and it’s questionable whether such a bylaw at the moment might be unreasonable or repressive,” Professor Duncan said.

“If it’s unreasonable or oppressive, it’s not enforceable by QCAT or anyone else.”

Cancer Council Queensland spokeswoman Katie Clift said anything to restrict the risk of second-hand smoke was welcome.

“About one life every day in Queensland is lost just to second-hand smoke exposure,” she said.

“Regulating smoking where people live in these multi-unit residential lots is going to help people breathe easier.”

Unit Owners Association of Queensland president Wayne Stevens said restricting smoking to inside a resident’s own property would reflect changing community standards – and he didn’t think it would provoke a revolt.

“Generally in strata property, when rules or bylaws are introduced, most owners respect those and do as is directed by the body corporate,” he told Fairfax Radio 4BC.

“They don’t necessarily want to offend their neighbours and they will refrain from smoking on the balconies in those circumstances.”

The review is open for comment until January 30 through the Justice department’s website, with an open paper to follow.

Professor Duncan said the work would not be affected by the outcome of the state election.

“We’ve been looking at this paper now for nearly 18 months,” he said.

“Whichever party is in power will look at this. It’s not a policy of one or the other.”