To answer this question, do not necessarily refer to the advice of a lawyer, just get acquainted with the information presented below.
- Information: Is it legal to smoke on the balcony
- Smoking hazard on the balcony
- State law on smoking on the balcony
- What to do when the neighbors smoke on the balcony
- Answer by the expert:Smoking on the balcony of his apartment( video)
Information: is it legal to smoke on the balcony
According to the adopted law No. 15 of February 23, 2013, a certain list of places where smoking is prohibited and, in case of violationThis standard, a person faces a fine. Also in this document is a list of places in public buildings and in apartment houses where smoking is also prohibited. If you study this list, it turns out that the balcony of the apartment is not such a place and, accordingly, you can formally smoke on it, but again, with reservations, if tobacco smoke, ash does not interfere with neighbors. If the neighbors complain about the penetrating smoke in the apartments through the windows, then, respectively, the person can not smoke on the balcony either.
But there are some loopholes in this case:
- Since the balcony is not a public property and does not fall underLaw on public places, and the fact of smoking on the balcony still need to be proved, and this is not always possible, especially if the person will smoke neatly, without dumping cigarette butts from the balcony onto the street.
- If a person lives in a private house, he can smoke on the balcony as much as he likes, again, provided that tobacco smoke does not interfere with neighbors.
Also, according to the law, it is impossible to smoke on public balconies or on the balcony, which is accessible through some utility room or stairwell, smoking is also prohibited on this balcony. If a person stops in a hotel in a room with a balcony, then according to internal rules, smoking on balconies is also prohibited. But some small hotels, not to lose customers, allow smoking on balconies.
Smoking danger on the balcony
Smoking in an apartment is not prohibited by any rules and laws, provided that this apartment is the property of a person, not a removable or corporate one. And if the apartment has a balcony or loggia, then many people believe that they can also smoke here.
But, this action can violate the rights of other citizens and, if they are unhappy, they can complain to the appropriate authorities.
And if the fact of smoking can be proved, then they have the right to file a claim in court. But in court the fact of this action is difficult to prove, a number of examinations will be required to establish the fact of negative influence of tobacco smoke. In order not to complicate relations with neighbors, you can take some steps.
- To glaze the balcony so that the smoke from the cigarettes or the tube leaks into the street as little as possible, install an ashtray on the balcony so as not to throw cigarette butts out onto the street. So the neighbors will have less claims to the smoker.
- To completely avoid claims from neighbors, you can go to electronic cigarettes, from which there will be no fire, there will be no cigarette butts. It is also believed that the smoke from such electronic cigarettes is less harmful than from traditional tobacco products.
If a person travels somewhere, for example, to a neighboring state of Belarus, then he should know that Belarus has a ban on tobacco smoking on common balconies, loggias. For violation of this prohibition, a rather serious punishment from law enforcement bodies is supposed.
The state law on smoking on the balcony
Most people who smoke are sure that no one bans smoking on the loggia or balcony of their own apartment, because according to the law that preserves the health of citizens from the effects of cigarette smoke and the effects of tobacco consumption, smoking is not allowed in public premises, includingAnd on a shared balcony.
The law does not explicitly state that smoking is prohibited on the balcony of its apartment, but there are a number of reservations:
- It is allowed to smoke in the premises of an apartment building provided that tobacco smoke does not interfere with other people, that is, does not enter neighboringApartments through open windows and windows.
- Also, if cigarette butts and tobacco residues do not reach neighboring balconies and loggias.
- According to this law, you can without any restrictions smoke in your apartment, but again, provided that the smoke through the ventilation does not reach the neighbors.
- In the event that neighbors complain to Rospotrebnadzor or a district police officer, and this fact will be legally proved, smokers will face a large fine.
You can draw from all of the above written conclusion, smoking on the balcony and yourself at home is quite possible, the law does not forbid doing this. But at the same time, if there are any problems with neighbors, it is necessary to resolve the issue peacefully, so that they do not complain to the district police and higher authorities.
When a peaceful solution to the problem does not work, then under this law, neighbors have the right to sue.
But at the same time, the fact of smoking and harm to health from this will have to be documented, and it can sometimes be very difficult. In order not to quarrel with neighbors, you can use the toilet as a smoking room, releasing smoke into the ventilation, but smoke can get into other apartments.
What to do when the neighbors smoke on the balcony
Sometimes the situation is absolutely the opposite, the person does not smoke himself, and the neighbors are smokers, as a result of this, tobacco smoke is in the apartment. To avoid this, you can first try to negotiate with neighbors peacefully, and wean from smoking on a balcony or in a different public place.
But if this does not help, then you have to fight using the anti-smoking law:
- To begin with, you can study this law using different sources of information, for example, from websites, forums dedicated to this issue.
- After finding the necessary information, you can safely write a complaint to the district police and Rospotrebnadzor about smoking neighbors. But, in addition to accusatory words, it is necessary to attach documents that tobacco smoke from neighbors enters the apartment and adversely affects health.
- You can also initiate a meeting of the tenants of the entrance, and raise the issue of the place for smoking and its equipment, and invite all smoking neighbors to smoke only there. In this case, this place should meet all the rules of fire and sanitary and hygienic standards.
Another option is to make repairs in your apartment with maximum insulation of the balcony and windows, installing a fresh air supply system equipped with carbon filters, and installing an air conditioning unit. Such repairs, of course, will pour out a pretty penny, but this will prevent the appearance in the apartment not only of tobacco smoke, but other unpleasant smells penetrating from the street.
Answer of the expert: can I smoke on the balcony of my apartment( video)
When defending my interests, every man and girl can safely apply to the appropriate authorities. Of course, this will require some effort and time, but the result in a certain period of time will not keep you waiting.