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.
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.
What happens if a fire occurs due to the fault of a smoker and someone else’s property is damaged?
The current legislation provides for different types of punishments for persons whose careless actions caused a fire, resulting in damage to property, health and life of other people.
The following types of liability may be applied to the culprit (depending on the scale of the consequences):
- administrative;
- criminal
Administrative responsibility
In accordance with paragraph 6 of Art. 20.4 of the Code of Administrative Offenses of the Russian Federation, if a person violated fire safety rules and this led to damage or destruction of someone else’s apartment, as well as harm to human health (to a mild or moderate degree), then a fine in the following amounts may be imposed:
- 4,000 - 5,000 rubles in relation to citizens;
- 40,000 - 50,000 rubles for officials;
- 350,000 - 400,000 rubles for organizations.
If a fire occurs due to the fault of a legal entity, and serious harm to the health of other persons or their death is caused, then it will be charged a fine in the amount of 600,000 - 1,000,000 rubles, and will also be required to suspend activities for 90 days (clause 6.1 Article 20.4 of the Code of Administrative Offenses of the Russian Federation).
Criminal liability
In some cases, a criminal case may even be brought against the culprit. Moreover, the type of punishment will depend on the severity of the consequences caused by the fire. The following options are possible here (Article 219 of the Criminal Code of the Russian Federation):
- For causing serious damage to the health of people living in neighboring apartments:
- fine up to 80,000 rubles or income for 6 months;
restriction of freedom up to 3 years;
- forced labor up to 36 months;
- prison up to 3 years.
- If one of the victims of the fire dies, the culprit is expected to:
- forced labor for up to 5 years;
imprisonment for up to 5 years.
- If two or more people died as a result of a fire, then forced labor for up to 5 years or imprisonment for up to 7 years may be imposed. In addition, the court may decide to impose a ban on combining certain positions for up to 3 years.
In addition, the culprit of the fire may be deprived of the opportunity to hold certain positions for the next 3 years.
In this case, also by court decision, the culprit may be prohibited from holding certain positions.
Updated September 26, 2022.
From October 1, 2022, 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.
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.
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.
How to protect yourself from exposure to tobacco smoke
If you are not eager to get involved in disputes and law enforcement jungle, consider protecting your apartment from pungent odors and harmful oxides. Supply ventilation is a good solution .
Such a system contains filters that will reliably keep harmful substances inside, preventing them from spreading throughout the apartment. As a bonus, forced ventilation will remove mold spores, dust and odors from the air, and freshen the air.
By the way , supply ventilation is also suitable for smokers. It will clear the smoky air in the apartment of the owner of a bad habit.
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...
How to help yourself
If the neighbor does not give in to suggestions and continues to smoke on the loggia, and attempts to resolve the issue legally have not borne fruit, then it is time to act independently. Indoor ventilation will help protect your apartment from harmful odors and corrosive smoke.
The ventilation system includes cleaning filters. They are able to block the spread of harmful substances and help rid the apartment of dust, mold, and foreign odors. Eliminates the feeling of stuffiness, gives freshness and a pleasant aroma to the room if you use fragrances.
Of course, the most basic option is to close the window if you smell smoke. But often your neighbor continues to smoke not only when you are at home. And leaving the room without ventilation while walking and working is not rational.
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.
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 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.
Consequences
Neighbors who do not respect the rights of others face a fine of 500 to 1,500 rubles. In addition, full compensation for the losses of the victim, payment for treatment (if necessary), and replacement of damaged interior items and decor will be required.
If there is a minor child in the plaintiff’s house, the amount of the fine increases to 3,000 rubles. When the case comes to court, the amount of payments becomes even greater, and legal costs are taken into account.
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.
What to do if cigarette smoke comes into your apartment
The state has been pursuing an anti-tobacco policy since 2013–2015. But as of 10/1/19, nothing has changed for smokers. But this does not mean that a complaint cannot be filed against violators. We will tell you how to legally deal with smoking neighbors who bother you.
We will provide a general scheme for combating smokers. Despite the differences in anti-tobacco laws in different regions of the country, this scheme can be applied in any subject of the federation:
- Moscow.
- Moscow region.
- St. Petersburg (SPb).
- Nizhny Novgorod.
- Kazan.
- Samara.
- Astrakhan.
- Krasnoyarsk
- Chelyabinsk.
And in any other region of the Russian Federation. If you have a neighbor who smokes in his apartment so that the smoke comes to you through the ventilation, follow the same procedure.
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.
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.
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.
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 the address: 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, 2022
