Is it possible to smoke on the balcony of your apartment: apartment building, new law

Since October 1, 2019, a ban has been imposed on the use of open fire on balconies. Citizens are now prohibited from lighting candles, making fires and using barbecues in apartments.

But many people are interested in the question of smoking. Although fire regulations have been tightened, the ban on smoking on balconies remains an open question.

It is important to figure out whether a citizen with a cigarette will be considered a trespasser in his own apartment.

Changes in legislation

A new law has been introduced in Russia that updates fire regulations. Amendments were made to eight paragraphs of the regulatory legal act. In order not to violate the regime, it is important to know what is new in the law.

The Ministry of Emergency Situations of the Russian Federation noted that in order to reduce the number of fires, it was decided to change the existing standards. The amendments are also aimed at preventing the consequences of fires in the form of loss of life and destruction of property.

The innovations affected facilities where citizens can be present at night. They must have staff on duty 24 hours a day. Cinemas will inform viewers about what to do in the event of a fire. The changes also affected retail facilities and medical organizations.

Is smoking allowed on the balcony?

After the appearance of new clauses in the law, many citizens began to worry about the question of whether it is possible or not to smoke on the balcony in an apartment in an apartment building. After all, a new paragraph 90 has appeared, which notes the ban on the use of open fire. It affects balconies, loggias, living rooms of hostels and hotel rooms.

Earlier, Emergency Situations Ministry employees noted that it is prohibited not only to burn candles and light barbecues, but also to smoke in an apartment in a residential building. The department noted that in 2018, fires occurred on balconies in 2 thousand cases. And 60% of them are associated with carelessness when smoking.

Reference! Before this, the law only contained an article banning smoking in entrance halls. There was no regulation of the issue of home smoking in private households.

The new rules were due to the fact that citizens often complain to their neighbors about smoke and odor resulting from smoking. At the same time, many are concerned not about the smell, but about the possible fire hazard.

After contacting the department, it was noted that smoking on the balcony is not prohibited. But this does not mean that you need to forget about safety. Any exposure to fire must be carried out in compliance with all fire safety rules. At the same time, so that the actions do not affect the interests of neighbors.

Despite the fact that there is no direct ban on smoking, the new law allows for penalties for careless handling of fire. They directly affect the number of fires and their consequences.

Nuances of the law on smoking on the balcony

The news that was announced was not understood by all citizens. The text of the law notes that it is prohibited to use open fire on apartment balconies. But the concept of “open fire” is not explained. Also unresolved is the question of why, within the framework of existing legislation, it will not be possible to recover damages from a fire caused by a neighbor’s unextinguished cigarette butt.

An open fire can be a match, a lighter, or a cigarette that has not become a cigarette butt. And when citizens, after the resolution was issued, began to pay attention to these points, legislators began to say that smoking was out of the question.

The reservations about smoking were not in vain. Almost 1/3 of the population currently smokes. And the bad habit is noted on the balcony, since it is now forbidden to use tobacco on the landing, so as not to smell it to the neighbors.

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The very fulfillment of the requirements of the law becomes absurd. At the moment when a smoker is standing on the balcony, a patrol car should respond to the call. And before he stops smoking, impose a fine on him in the amount of 3 to 5 thousand rubles.

Therefore, the new decree does not affect smoking itself. But this does not mean that the authorities allowed it to be done. Citizens need to ensure compliance with safety rules during the harmful use of tobacco.

What liability may arise?

The law already stipulates liability for smoking on the landing if the smoke disturbs neighbors. Now there are new sanctions for the use of open fire.

Responsibility arises within the framework of the Code of Administrative Offenses of the Russian Federation.

If citizens violate fire safety rules, they may be fined:

• for individuals – from 2 to 3 thousand rubles;
• officials – up to 15 thousand rubles.

This is not a direct penalty for smoking on the balcony. But if it is proven that these actions violate fire safety, then it will be impossible to cancel the punishment.

Source: https://zakonportal.ru/zhaloba/kurenie-na-balkone

Law banning smoking in public places and on the balcony of your own apartment - fines and restrictions

In 2013, an active fight against smoking began at the state level. Serious restrictions have appeared (Federal Law No. 15-FZ dated February 23, 2013). Over the past six years, the law has shown its effectiveness. Indeed, there is much less tobacco smoke.

However, not all problems associated with smoking have been solved. It took a long time for a ban on smoking on the balcony of one’s apartment to be introduced – in 2019 this is still a big problem. Therefore, legislators decided not to stop there.

From October 1, 2019, important amendments to the Fire Regulations in the Russian Federation come into force.

We will tell you where the smoking ban law applies in 2019-2020, in which places you cannot smoke, what changes have been prepared by the government on this issue, what fine for smoking in public places in 2019-2020 the violator must pay by law.

Where you can't smoke

Federal Law No. 15-FZ dated February 23, 2013 has been in force for six years now. During this period, the vast majority of smokers have become accustomed to the restrictions introduced and try to comply with them. Places where smoking is prohibited are marked with special signs.

So, the smoking ban law 15-FZ (as amended for 2019-2020, Article 12) prohibits smoking:

• in all children's educational institutions;
• in cultural and sports institutions;
• in medical institutions;
• in all types of public transport;
• on long-distance trains and long-distance vessels;
• in hotels, hostels, etc.;
• in social services premises;
• in public catering places;
• at workplaces;
• in elevators and entrances of residential buildings;
• on children's playgrounds;
• on the beaches;
• at gas stations;
• on passenger platforms.

This leaves smokers with few legal places to smoke. However, the problem was not completely resolved.

If it is prohibited to smoke in the entrance itself, with the exception of specially designated places (smoking rooms) (neighbors may complain about this, and the violator will be held accountable), then smoking a cigarette on the street is still allowed.

Therefore, people moved from the entrances to the street, or to their apartments. In both places they can still cause inconvenience to non-smoking citizens.

If smoking in the open air is not often complained about, then a similar action by a neighbor in the apartment may become a problem. The owner has every right to smoke on his own territory. In fact, smoke can reach your neighbors. Especially if smoking occurs in the bathroom.

Many questions have always arisen about smoking on balconies. Lawyers are often asked whether it is possible to smoke on the balcony of your apartment under the new law of 2019. Until now, there have been no legal ways to combat such phenomena.

Residents had to resolve this issue on their own, up to and including changing their place of residence.

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Is it possible to smoke on the balcony of your own apartment?

The latest news on solving the smoking issue appeared on September 20, 2019. Government Decree No. 1216 amended paragraph 90 of the Fire Regulations in the Russian Federation. From 1.10.

2019 it is prohibited to use open fire on balconies and loggias of apartments. Accordingly, grilling barbecue, which some residents liked to indulge in, especially in the summer, is prohibited.

However, experts regarded these amendments as also a ban on smoking on the balcony of an apartment building. This was confirmed by the Ministry of Emergency Situations.

Let's figure out whether smoking on the balcony is now really prohibited if the smoke bothers the neighbors. The 2019 law only indirectly introduces such a ban.

Only from paragraph 436 of the Fire Regulations can we conclude that an open fire is a burning match, cigarette, etc. The legislation does not contain any further definitions of what constitutes open fire.

Therefore, the question: whether a cigarette belongs to an open fire or not remains open.

Expert opinions on this issue are divided. For example, a member of the State Duma Committee on Health Protection N. Gerasimenko considered a cigarette to be a source of open fire. He argued his position by saying that there is always a no-smoking sign on warning boards when carrying out fire-hazardous work.

However, it is necessary to understand what the smoking process itself is. In fact, this is not combustion, but smoldering of tobacco. From this point of view, there is no open fire here. But at the moment the cigarette is lit, there are still signs of open combustion.

Thus, in order to finally put an end to the question: is it possible or not to smoke on the balcony, it is necessary that the law defines what constitutes an open fire.

If the law in 2019, albeit indirectly, prohibits smoking on the balcony in an apartment building, then there are no restrictions on smoking in the apartment itself.

It follows that it is forbidden to light an open fire on the balcony, but inside the apartment, where there is an even greater likelihood of individual objects igniting, it is possible.

Apparently, fire safety measures will be further developed, as well as measures to combat smokers. It is also worth waiting for judicial practice on this issue.

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Fines for smoking in public places

Citizens who decide to violate the requirements established by Federal Law 15-FZ on the ban on smoking in public places are brought to administrative responsibility. In 2019-2020, a fine for violators, according to Article 6.

24 of the Code of Administrative Offenses of the Russian Federation, ranges from five hundred to one and a half thousand rubles. This will be the fine for smoking in the entrance of a residential building or in an elevator.

As a rule, most often it is in these places that crimes are stopped, since neighbors can easily identify a smoker and report him.

It is more difficult to fine a smoker on the playground. Although the fine for such an offense is higher: from 2,000 rubles to 3,000 rubles. However, if a person once came to smoke at the playground and left before the police arrived, then, of course, such an offense will go unpunished.

The balcony of an apartment building does not belong to places prohibited for smoking, according to 15-FZ. Thus, if neighbors complain about smoke, then you can try to attract a smoker under Article 20.4 of the Code of Administrative Offenses of the Russian Federation, i.e. for violating fire safety rules.

In this case, you can get off with just a warning. Otherwise, you will have to pay a fine, just like for smoking on the playground, from 2,000 rubles to 3,000 rubles.

Smokers can try to challenge the fine, since the smoking ban legislation does not exactly answer the question of whether it is possible to smoke on the balcony of your apartment under the new law.

Source: https://zakon-navigator.ru/zakon-o-zaprete-kurenija/

Is it possible to smoke on the balcony of your apartment?

Federal Law No. 15, adopted on February 23, 2013, is designed to protect the rights of the non-smoking population of Russia. According to this law, smoking in public places is strictly prohibited. Actually, balconies are often included in such places. But not always. Therefore, let's look at whether you can smoke on the balcony of your apartment, and if not, how much you will need to pay for it.

• Is it possible to smoke on the balcony of your apartment: Initially, information was received that from October 1, 2019 it is prohibited. Then amendments came out - you can smoke.
• Is it possible to smoke on the shared balcony: No.
• Is it possible to smoke on the entrance balcony: No.
• Is it possible to smoke on the balcony of an apartment building: No, this is a public place.
• Is it possible to smoke on the balconies of residential buildings: If the house belongs to you, you can!
• Is it possible to smoke on a hotel balcony: No, as in any crowded place.
• Is it possible to smoke a hookah on the balcony: In your apartment/house - yes.
• Where to complain about smoking: To the police, call 102.
• Penalty for smoking on the balcony: When smoking on a common balcony - 500 - 1500 rubles. If there are young children in the house - up to 3,000 rubles.

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Contents of the article

Is it possible to smoke on the balcony of your own apartment or house?

Having studied the provisions of Federal Law No. 15, you will be convinced that a complete ban on smoking applies only to public places. Your apartment’s own balcony is not one of them. You can only be fined if you start throwing cigarette butts down, thereby creating a fire risk. Or your smoke will disturb your neighbors.

As an alternative, you can smoke electronic cigarettes and hookahs. These devices produce aromatic vapor instead of smoke. Its smell is unlikely to disturb the neighbors.

In addition, electronic cigarettes reduce the risk of fire to zero. True, recently the number of lawsuits with manufacturers on the issue of cigarette malfunctions has become more frequent.

And this can lead to any consequences, including injury.

Not all countries are liberal like Russia. In Germany, in Düsseldorf, back in 2013, a case was recorded in which a 75-year-old man was evicted from an apartment he had occupied for 40 years under a rental agreement.

The smoke of the cigarettes he smoked entered the entrance through the leaky door and disturbed the neighbors, who wrote a statement.

The court found the pensioner’s actions illegal and posing a threat to the health of other people.

Update September 26, 2019

On October 1, 2019, there was a ban on smoking on the balcony of your apartment. The Ministry of Emergency Situations stated this directly.

• The Ministry of Emergency Situations confirmed that changes have been made to the fire regulations, which were introduced on September 25, including prohibiting smoking on apartment balconies.
• “Smoking on the balcony falls under the category of ‘open burning’, and accordingly, it will also be prohibited,” Interfax quotes a message from the department’s press service.
• The ban will come into force on October 1.
• The new fire safety rules state: the use of open fire on the balconies (loggias) of apartments, living rooms of hostels and hotel rooms is prohibited.

They later issued a refutation of their words. You can smoke and vape on the balcony of your own apartment.

What if it bothers the neighbors?

Federal Law No. 15, or more precisely, Article 9, paragraph 2, subparagraph 3, states that the actions of any citizen of the Russian Federation should not violate the rights of other people, disrupt their favorable living environment, create a health risk, etc.

Based on this subclause, your neighbors can legally prohibit you from smoking on the balcony. However, this procedure is very labor-intensive. Referring to Art. 1064 and 1065 (clause 1) of the Civil Code of the Russian Federation, it is necessary to prove that cigarette smoke coming from the neighbor’s balcony:

• leads to a discrepancy between the air in the apartment and all current sanitary standards;
• provokes attacks of asthma, allergies or other diseases in minor family members.

If the statement is not confirmed by the results of expensive examinations, any competent lawyer can challenge such a claim, calling into question the fact that the listed problems are caused by neighbors smoking.

How can you avoid a conflict situation? Is it possible to smoke if it bothers the neighbors? The answers to these questions are clear - you can use electronic cigarettes filled with nicotine-free liquid with a mild, almost imperceptible odor.

Is it possible to smoke on the shared balcony

The answer to this question is clearly negative. If the balcony is used by other residents of a multi-storey building, and even more so by their minor children, this territory clearly belongs to public places.

Is it possible to smoke on a balcony if it connects several apartments and is divided into segments by partition walls? Federal Law No. 15 does not provide specific instructions for this case. This means that you can use tobacco products, provided that the smoke does not penetrate behind the partition into someone else’s territory.

And since it is quite problematic to comply with this requirement, you can use electronic cigarettes. Even if your neighbors are allergic or asthmatic, by choosing a filler liquid with a neutral odor for your device, you will not disturb their peace and will not create a precedent for contacting the local police officer or the housing department.

Read more about smoking on public balconies...

Is it possible to smoke on the entrance balcony?

If there is access to the staircase, utility rooms and other common areas, such an area cannot be used as a “smoking room”. An exception is available only for lovers of electronic cigarettes. Moreover, legal experts recommend that they use devices that do not look like cigarettes or other tobacco products.

The fact is that not all Russians understand the differences between regular and electronic cigarettes. Therefore, using devices with a realistic design, you are unlikely to be able to avoid visits from the district police officer/representative of the housing department and conflicts with neighbors - residents of a multi-storey building.

Is it possible to smoke on the balcony of an apartment building?

Such actions are allowed only if you use the balcony of your apartment. Ancillary premises for common use are not suitable for the role of a “smoking room”! An exception to the rules is possible in 2 cases:

• there are no minors living in the apartment building and absolutely all residents/guests are “FOR” smoking;
• you use electronic cigarettes, making sure that the vapor you release does not annoy your neighbors.

Is it possible to smoke on the balconies of residential buildings?

According to the new law, there are several options for answering this question:

• smoking is permitted for owners and tenants living alone in residential buildings;
• if the building is divided into several parts, you can only use tobacco products on the territory that you own. If there are asthmatics or families with small children in the house, it makes sense to give up regular cigarettes in favor of electronic ones. Using vaping devices, you can use nicotine-free liquid with a fruity, coffee or other flavor. Even if the steam gets onto your neighbors' property, it is unlikely to cause them any inconvenience comparable to the effects of tobacco smoke;
• if the balcony does not belong to you, stop smoking in this area.

Is it possible to smoke on the hotel balcony?

According to Federal Law No. 15, smoking is prohibited in hotels. However, many hotels, in an effort to retain guests, organize special smoking areas on the territory of their establishments. And since such premises must comply with all sanitary and fire safety standards, they cannot be installed on balconies and loggias - only in separate rooms with a modern ventilation system.

According to Federal Law No. 15, legal entities can, at their discretion, expand the list of “nicotine-free zones.” The complete cessation of smoking from June 1, 2014 was also supported by the hotels of the Holiday Inn Moscow line, namely Lesnaya and Sushchevsky.

Is it possible to smoke hookah on the balcony

Despite the dubious benefits of such devices, deputies have not yet succeeded in achieving a ban on their use. Like electronic cigarettes, hookahs are inhalation-type devices.

That is why they are used in cafes, restaurants and a number of other entertainment establishments.

The only requirement that their owners must comply with is the use of mixtures that do not contain tobacco or substances prohibited for import and use in the Russian Federation (narcotic ingredients).

Since Federal Law No. 15 does not contain a specific ban on the use of hookahs, you can safely use this device on your balcony or loggia.

Is it possible to smoke IQOS (IQOS) on the balcony of your apartment?

Before using your balcony as a home smoking room, think about whether you can use IQOS on the balcony of your apartment? Is this allowed by law?

The answer seems to lie on the surface, but with some “buts”. The balcony of your apartment is an area in which you have the right to do whatever you want.

Therefore, smoking IQOS (IQOS) on the balcony of your apartment is allowed, but provided that you do not create inconvenience to others and you do not have conflict situations. That is, your neighbors will not be bothered by smoke and smell.

Electronic cigarettes, as well as IQOS and GLO, have some advantages: they do not emit acrid smoke, they do not fly ash onto other people’s balconies, and there is no pungent odor that could spread and disturb others.

How to deal with smokers

The very first step that non-smoking neighbors should take is to talk to the troublemaker.

If such measures do not help, you can contact representatives of Rospotrebnadzor, housing and communal services. Carrying out inspections and repeated reprimands is the only thing that threatens your neighbors. However, such measures can also bring a positive result - force the person who disturbs your peace to quit smoking or switch to electronic cigarettes, which are not capable of “smoke” other apartments.

Smoking fine

Federal Law No. 15 clearly states fines for smoking in public places. They are equal to 500 - 1500 rubles. for individuals, or 2000 - 3000 - for smokers who involve minors in the process of consuming tobacco products.

To whom and where to complain about smoking

Relevant statements can be written to the housing and communal services department or to the district police officer - if we are talking about smoking in residential/apartment buildings. If the use of tobacco products is carried out on the territory of a sanatorium, hotel, etc., contact Rospotreb or Rospozhnadzor. In this case, punishment awaits not only the smoker, but also the administration of the establishment.

Foreign experience

Ukraine

On December 16, 2012, a Law came into force on the territory of Ukraine, which reflects the list of places that are subject to a smoking ban. It includes entrances and common balconies of multi-storey buildings.

According to Article 175-1 of the Code of Administrative Offences, the violator of the law first receives an oral warning, and then undertakes to pay a fine in the amount of 3-10 tax-free minimum incomes.

In case of repeated violation of the law, the penalty will increase to 20 NMD.

Belarus

According to the current legislation of the Republic of Belarus, there is no direct ban on the use of tobacco products on private balconies of apartment buildings. However, if a neighbor regularly annoys other residents with the smell of tobacco smoke, he can be brought to justice.

In accordance with the article of the Housing Code, citizens of the Republic may demand the elimination of circumstances that pose a threat to their health. Relevant applications can be sent to the housing department. The size of sanctions for administrative offenses is 1-3 million rubles, that is, 10-30 basic units.

Kazakhstan

In accordance with Article 159 of the Code dealing with health issues, the smoking ban applies to the entrances of houses and other public places. During 2015, 108,995 smokers were fined in Kazakhstan for violating this law. The total amount of fines amounted to 525,000,000 tenge. During the first 2 months of 2016, 23,321 people were fined.

Sample statement to the district police officer regarding smoking neighbors

To the district police commissioner K.V. Smirnov. from the residents of the house located at:

Kolomna, Pravdy street, building No. 8

Statement

I ask you to immediately take action against the residents of apartment No. 10, located at the address: Kolomna, st. Pravdy, no. 8. For six months, all residents have to suffer from the smell of cigarette smoke. The entire Potapov family living in this apartment constantly smokes on the loggia. Smoke spreads throughout all apartments.

Activists of our housing cooperative have repeatedly appealed to them with a request to stop smoking in their own loggia. However, in response they heard grins and swearing; the Potapovs refused to make concessions. Also, notices were repeatedly posted at the entrance, which the Potapovs immediately tore down.

We ask you to take urgent measures to rid residents of smoke. Not only adults, but also children suffer.

Sincerely, Ivan Mikhailovich March 23, 2018

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Video on the topic

You can smoke on the balcony of your apartment according to the new law of 2019

Is it possible to smoke on the balcony of your apartment according to the new law in 2019 and how to defend your own rights to your neighbors and others? Similar questions are increasingly being asked to us in x, LS and the VK group.

And therefore, with this article, the authors of the “Legal Ambulance” website are opening a new section where each visitor will be able to contribute to the knowledge base of our blog by asking their question and receiving a detailed answer from a qualified specialist.

Be sure to contact us any day of the week and time of day! We work for you!

So, according to the legislation in force in the Russian Federation, smoking is prohibited in public places, on beaches, playgrounds and other similar facilities. At the same time, a loggia or balcony is the property of a citizen, which means that he can legally use it for a variety of purposes:

• for storing things and products (for example, canning);
• for landscaping;
• formation of a recreation area, etc.

Thus, according to survey data, up to 95% of smokers use this area for smoking, which is not prohibited by law , subject to other features relating to the freedom of others.

Simply put, the legislation of the Russian Federation provides for the interests of neighbors who may consider their neighbor’s bad habit unnecessary and try to limit such actions either peacefully or by contacting law enforcement agencies and even the court. So, let's see how the law of October 1, 2019 spells out the ban on smoking on the balcony?

Is it possible or not to smoke on the balcony of your apartment according to the new law?

The amendment mentioned above can restrict a smoker if smoke from his loggia, balcony or window enters a neighboring apartment in which small children, people with an allergic reaction to tobacco smoke, etc. live.

For example, in the practice of our website’s lawyers in 2019, there were cases when even smoking citizens were forced to seek help from law enforcement agencies, because cigarette smoke penetrated their windows, which gave them headaches.

As a result, the “culprits” were obliged to install thicker partitions between the loggias. At the same time, the “victims” themselves explained their reaction by the fact that they smoke only on the street.

Smoking and legislation: whose side is the law on?

• Thus, if you have a conflict situation based on the question “is it possible or not to smoke on the balcony or loggia of your apartment in 2019” - feel free to defend your own legal position, without fear of fines and sanctions, if you are sure that your right to the bad habit did not violate the freedom of other people.
• If this is so, you can be sure that meticulous neighbors will not be able to defend their own position even when contacting the police and the court, in which they will have to document the fact that your smoking has caused the deterioration of their health or quality of living conditions.
• It is worth noting that not every Russian today wants to get involved in such a long and very expensive “adventure”, which could end for him not only with a refusal to recognize his complaint, but also with penalties.
• Legislation update in 2020 - what has already been adopted and what else will be adopted?

Where you can and cannot smoke today: how not to break the law

So, we have dealt with the issue of smoking in our own living space, but this does not mean that the listed conditions will apply in other places. We invite you to look at the list of where you cannot and where you can indulge in this bad habit.

Where is smoking prohibited?

If we are already talking about balconies today, it is worth noting that, according to the legislation in force in the Russian Federation, citizens are prohibited from smoking on public balconies and loggias ! Otherwise, they may be fined 3,000 Russian rubles. Such places include common corridors, staircases, as well as hotel loggias and other similar public places. Thus, the Russian state cares about the comfort and health of its citizens.

In addition, smokers can be fined even if they smoke in their own car, but only if they park in prohibited areas. Similar sanctions may be applied to people who smoke:

• in places of detention;
• on sports grounds;
• in school buildings, as well as other educational and educational institutions;
• in the metro;
• at the workplace (in places not designated for smoking breaks);
• in art and cultural institutions (theatres, exhibition halls, cinemas, etc.);
• on beach areas;
• in all types of public transport;
• in boarding houses, clinics and hospitals;
• in closed public spaces;
• on railway platforms;
• on the territory of marine terminals and airports.

In case of violation of the law, the smoker may be issued a fine, the amount of which varies depending on the degree of violation - from 500 to 3000 Russian rubles!

Where can I smoke?

According to the new law of 2019, Russian citizens have the right to smoke on the loggia and balcony of their own or rented apartment (the same applies to people who come to visit), if they do not violate the freedom of other people (in this case, neighbors ) and do not violate fire safety rules. In addition, Russians can still smoke in the yard, but only if they maintain a distance of 10 meters from the entrance.

If you comply with the above standards, but your neighbors do not like the smell of smoke, they should close the windows themselves to limit its penetration into their apartment.

At the same time, the “Legal Ambulance” website urges you to treat with understanding the people who live next to you, no matter which side of the considered parties you represent.

Try to understand the person and try to reduce the conflict to a minimum, because even a case won in court is not a guarantee of an ideal relationship.

Each of us has the right to clean air and to satisfy our own legitimate desires!

In difficult situations, we recommend contacting the site specialist on duty and getting a free consultation!

Source: https://law-03.ru/mozhno-li-kurit-na-balkone-v-rf/

Is it possible to smoke on the balcony of a personal apartment in an apartment building?

One of the rules of living together in such a place is to understand the need to respect neighbors in the place of residence, and not create inconvenience and problems for these neighbors. This may include respectful communication between neighbors, maintaining silence during the period of time established by law, and limiting one’s adverse impact on the health of neighbors. And tobacco smoke is one of the factors of harmful effects on others. But many residents of apartment buildings do not understand this.

And since neighboring citizens cannot themselves guarantee the comfort and safety of each other, the law has taken on these functions. The circumstances under consideration include the Law on Silence and the Law on the Prohibition of Smoking in Public Places of an Apartment Building.

Let’s say that a family lives in one of the apartments of the house, all of whose members do not smoke.

Let's look at where in an apartment building such people can experience adverse health effects from neighbors on the floor and entrance. First of all, these are open windows of neighboring apartments, balconies or loggias in them.

This is followed by common areas, which include corridors, stairwells, common balconies and loggias, vestibules, entrance halls, and elevators.

Undoubtedly, the most favorite place for any smoker is the balcony of his apartment or a common balcony on the floor.

In this article we will figure out whether it is possible to smoke in these places, and if not, what the fine is for such a violation of the law.

 

At the end of the article, I will talk about how, with the help of the law on combating smoking in public places, you can overcome a smoker neighbor who smokes in the corridor, on the stairs, and prevents you from breathing fresh air.

Also at the end of this article, I posted my video with tips on how to record the fact that a neighbor is smoking in the wrong place and, by contacting the police, bring the troublemaker to administrative liability in the form of a fine.

Why did the law banning smoking on balconies create panic among smokers?

On many TV channels, and even at the beginning of 2020, there was news that Russia had adopted a law banning smoking on balconies. Many journalists, as always, without understanding, said that from October 1, a smoking ban will be introduced on the balconies of high-rise buildings and a fine will be applied to violators. Smokers began to really panic. The Internet community is buzzing...

What really happened? No law has been adopted banning smoking on balconies in apartment buildings. Only the fire regulations have changed.

The misinformation began with explanations from the Ministry of Emergency Situations, whose authorized representative stated on television that in 2020 a ban on lighting open fires, bonfires and smoking on the balconies of apartment buildings would be introduced. However, the Emergencies Ministry employee confused smoking a cigarette with open burning. Opening burning is a fire.

In addition, it turns out that the new restriction is far from new, since Fire Safety Rules have long prohibited the lighting of open fires in any areas of apartment buildings. Therefore, so far the laws have not changed much regarding smokers.

We conclude: you can smoke cigarettes on the balcony of your own apartment, just as you can do it inside the living space, as well as in the window and vent of the apartment.

 

Soon, the erroneous interpretation of the law banning smoking on balconies was corrected, and Russians heard explanations from their TV screens - it was still possible to smoke and smoke from one’s own apartment into the windows of neighboring apartments and fines would not be applied in this case.

However, it should be said that not all balconies or loggias that are privately owned by citizens are allowed to smoke. Houses of the old series, in which a number of apartments have one long balcony separated by partitions, will not allow smoking, since smoke will enter neighboring apartments through such a partition, which is unacceptable.

Smoking ban on a common balcony on the floor of an apartment building

Now let's talk about places that, by law, are the common property of residents of a multi-story building. Is it possible to smoke on them with impunity?

Smoking is prohibited on common balconies located on the floors of multi-storey buildings, as well as in other common areas: corridors, elevators, stairwells.

 

Such loggias are available both in old series houses and dormitories, and in new buildings.

The ban on smoking in such a common place is established due to the fact that children, elderly people who have allergies and other contraindications to smoking may be in this room at the same time as smokers.

In addition, the apartments of the residents of the building are located near the common balcony, and since passage here is open to all residents during the day, if smoking were allowed here, residents of the apartments adjacent to such a balcony would have to constantly smell the acrid cigarette smoke of dozens of puffing neighbors behind them. day.

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Smoking ban in hotel rooms

You checked into the hotel and saw a small cozy balcony in your room. What a joy it is - can I smoke? No! The fact is that the hotel is a public place and is subject to the Law prohibiting citizens from smoking in public places.

The exceptions are the so-called smoking rooms. Hotels usually have specially equipped smoking rooms equipped with ventilation and a fire extinguisher.

Therefore, we conclude that in a hotel, campsite, boarding house and other place of temporary accommodation of citizens, there is a ban on smoking on the balcony, both located in the room and in the corridor.

Is it possible to smoke safely in your private home?

A private house is the personal possessions of its owners, personal space and the absence of neighbors living in the same building.

Consequently, you can smoke both in a private house and on the area associated with it without any restrictions.

 

However, if there is a neighboring house near your home and its windows are adjacent to yours, your neighbor may prohibit you from disturbing his clean air with tobacco smoke.

But only through the court, which, of course, is associated with certain difficulties. Not everyone here likes and can defend their rights in court.

Will there be a fine if you smoke a hookah on the loggia?

The harm of hookah smoke has not yet been proven. There are different points of view on this issue. Those around the hookah smoker may also have very opposing opinions regarding the exhaust gases emitted by the hookah. Some will say that they feel a pleasant aroma coming from a neighbor, but for others it will be an unpleasant, stinking smell of smoke.

The law does not yet establish any restrictions regarding hookah smoking on the territory of a multi-storey residential building, so you can safely use it both on your personal and on the common corridor balcony, sipping the hookah smoke mixture together with your neighbor.

Smoking fashionable IQOS will result in a fine

IQOS and a fashionable electronic cigarette are not something prohibited or restricted for smoking in your apartment.

There are no restrictions in the law regarding IQOS and their use in common areas of a multi-storey building.

However, you should still take into account the wishes of your neighbors in this regard. It is always better to resolve issues peacefully with neighbors.

What is the penalty for smoking on a shared balcony?

So, as we found out, the law provides for a fine for smoking cigarettes on a balcony only if it is a place for common use by the residents of the house. Smoking on the territory of your apartment is not punished and is not fined. Bye…

How much will it cost to smoke illegally on a shared balcony? There is a fine of 500 to 1,500 rubles.

Smokers can only be brought to administrative responsibility by the police, and not by some chairmen of the HOA or heads of the companies managing the house.

However, more details about who and how can fine a smoking neighbor in a residential building can be seen in my video, which is located at the bottom of this page of the site.

How to deal with neighbors and punish them with a fine for smoking

If you are annoyed by a neighbor from a nearby apartment with his acrid smoke, who regularly smokes a cigarette on his balcony, you will not be able to call the police and attract the pest. As we discussed above, the laws do not yet allow this.

What can be done in such a situation? Unfortunately, you can only try to convince your neighbor to stop smoking or sue him. Moreover, you can win such a case only if you not only do not like the acrid smoke from the neighboring apartment, but is also harmful to your health. That is, you have some health limitations associated with this harmful factor.

Now let's look at a different situation. The neighbor opens the door of his apartment every day, goes out into the vestibule, into the corridor, onto the stairs - and smokes there. As a result, the smoke from his cigarettes flies into your window or vent. Often such smoke is drawn into the cracks of even a closed window. What to do in such a situation?

The law banning smoking in the common areas of a multi-storey building allows you to call the police, who will bring the violator’s neighbor to justice and impose a fine on him. In case of repeated violation, the fine will be double.

In case of systematic violation, the neighbor will face administrative arrest.

But to achieve this result, you need to collect evidence of your neighbor smoking in the wrong place. After all, by the time the police arrive, the neighbor may already be in his apartment.

How to collect such evidence? Lawyer Gennady Efremov

• • Listen to the author of this site - lawyer Efremov. He talks about how you can overcome your smoking neighbor and make him stop smoking:

 

 

• video, you can leave your question, and the lawyer will quickly answer it!

Is it possible to smoke on the balcony of your apartment in an apartment building | Legal Advice

Last updated March 2019

Many smokers and their neighbors are interested in the question of whether it is possible to smoke on the balcony of their apartment. According to the law, there are no clear regulatory bans on smoking on balconies today. Accordingly, you can smoke on your own balcony or loggia, but with the caveat that this does not violate the legal rights of your neighbors.

The issue of smoking bans most often worries neighbors, because not all residents of apartment buildings like it when their neighbor smokes on the balcony and the smoke comes into their apartment. And the worries of people who do not want to breathe dangerous tobacco smoke because of the bad habit of the tenant of the neighboring apartment are quite understandable.

On the other hand, the homeowner can dispose of his personal space at his own discretion. And if he does not want to compromise with opponents of smoking, then he can also defend his rights.

We can talk about the moral point of view when smoking in apartment buildings for quite a long time. However, to resolve an unpleasant situation, it is better to immediately turn to legislative norms.

Common areas where apartment building residents may not smoke include:

• elevators;
• mines;
• landings;
• entrances;
• common corridors;
• interfloor passages;
• technical floors;
• attics;
• basements.

The legal ban applies only to public places and common areas. And the constitutional rights of the homeowner are retained by him in the situation under consideration in full. However, if smoking neighbors violate someone else's rights, they may be held responsible for their actions.

Thus, there is no law banning smoking on a personal balcony in an apartment building. But! If a neighbor can prove in court that his rights have been violated (for example, a person is sick with bronchopulmonary diseases) and damage has been caused to his health, then the smoker may be fined.

Judicial precedent

In 2017, the Russian Supreme Court partially satisfied the demands of a plaintiff who filed a lawsuit against his smoking neighbor. The plaintiff, defending the rights of his minor child, demanded to prohibit his neighbor from smoking on the balcony and to recover moral damages from him.

The courts initially refused to satisfy such a claim, but the Supreme Court of the Russian Federation made a different decision. His position was based on the fact that smoking on the balcony is prohibited when tobacco smoke disturbs the neighbors.

The court's decision partially satisfied the applicant's demands regarding the recovery of moral damages.

 

 

And also , liability measures may be applied if a person smoking on a loggia throws cigarettes or cigarette butts into the local area, or he neglects the demands of neighbors to stop smoking in certain cases (when smoking causes real harm to neighbors).

When neighbors' rights are violated

If smoking on the balcony bothers neighbors, the latter may try to defend their rights. The legal basis in this case will be the provisions of the Civil Code and Federal Law No. 15. Thus, the said federal law enshrines the rights of citizens to a “smoke-free” environment and to compensation for harm resulting from violation of this legislative act.

At the same time, the law regulates the requirement for citizens not to violate the rights of other citizens to a smoke-free environment and to protect their health from the effects of tobacco products.

Where to go if rights are violated

Residents of a building who are faced with a violation of their rights due to a neighbor smoking on his personal loggia sometimes do not know what to do about it and where to complain.

• To the local police officer . If we are talking about systematic violation of the rights of neighbors, for example, smoking in common areas or violation of fire safety rules, then you can contact the local police officer.
• To court . If a legal dispute arises due to a resident smoking on his personal balcony, the district police officer is unlikely to be able to help. The only real opportunity to oblige a neighbor to stop illegal actions (if any) and even to recover damages from him is to go to court.

However, before deciding to take such a step, it is worth carefully assessing your own prospects. Judicial resolution of disputes requires both time and certain financial costs from the plaintiff.

At the same time, in such an ambiguous situation, when there is no direct legislative ban on smoking for the owner of a balcony area, and the existence of harm still needs to be proven, going to court is not always reasonable or advisable.

Thus, in order to have a positive resolution of the situation in court, a disgruntled resident of an apartment building will have to prove that the smoke from cigarettes coming from the neighbor’s balcony causes real harm. But this is not so easy to prove in practice. After all, in fact, only the smell, and not harmful substances from smoking, can get into the neighboring apartment from the balcony space of a smoking neighbor.

To collect evidence, an expensive examination may be required, the cost of which initially falls on the customer. And only if the legal dispute is resolved positively in favor of the plaintiff, will it be possible to shift financial expenses to the smoking neighbor.

Therefore, if you are categorically against your neighbor smoking on his balcony, try to come to an agreement with him and resolve the issue out of court. In most such situations, it is much easier to come to an agreement as a neighbor than to defend your rights in court.

How to protect your rights to a smoking neighbor

If the neighbor smoking on your own balcony is you, then in most situations the law is still on your side. However, in order to prevent conflicts with neighbors and litigation, which, as law enforcement practice has shown, can still lead to punishment and a fine, it is better to find a compromise with opponents of smoking.

It is also advisable for a smoker to avoid illegal activities, for example:

• throw cigarette butts into the local area,
• insult opponents of smoking, defending one’s innocence,
• or ignore requests from neighbors with asthma or other respiratory diseases.

It is also better to temporarily refrain from smoking if there is a child on the adjacent balcony.

Is it possible to smoke on the shared balcony

If the balcony is common to several neighboring apartments, then it is already considered a common area for residents of an apartment building. The same can be said about the loggias located at the entrance.

Accordingly, no neighbor, without the permission of other neighbors using this common balcony area on an equal basis, may smoke in a common area. Otherwise, smoking on a common balcony may result in penalties being imposed on the offender.

Is it possible to smoke on hotel balconies?

According to Russian law, smoking is prohibited on hotel premises. However, hotel businesses, taking care of smoking guests, can organize special smoking areas. True, balconies are not suitable for these purposes, since they do not meet all the fire safety requirements and standards necessary for this.

Thus, smoking is prohibited on hotel loggias and balconies.