Most smokers are accustomed to starting every morning with a cigarette for a cup of coffee on their balcony, while observing familiar landscapes. You can see such people in almost any multi-storey building. Smoking on your own balcony does not seem surprising or unusual. In addition, this place is very attractive to guests who are also not averse to pulling a second cigarette on the loggia. However, not all residents of the house like this idea, therefore, on this basis, disputes between neighbors often appear. So, is it possible to smoke on the balcony of your apartment? Let's get it right.
Where can not I smoke?
Most of the smokers are sure that no one has the right to forbid them to smoke on their loggia, near the house, in parks or cafes, because a cigarette is an absolutely legal thing, and there should be no complaints about their use. Of course, there are exceptions like hospitals, gas stations or institutions where children study.
But do not forget that cigarette smoke that comes from the balcony can penetrate the apartments of the neighbors where the children live. Also, smoke from cigarettes can significantly harm people who have diseases of the respiratory system or those who recently got rid of this addiction. And if on the street people have the opportunity to simply step aside so as not to be a passive smoker, then in other conditions there is no such possibility.
In this regard, in our government was adopted Law No. 15-FZ “On the protection of the health of citizens from the effects of ambient tobacco smoke and the effects of tobacco consumption” of February 23, 2013, where a list of places where smoking is not allowed is clearly defined. Violators of this law face a fine in the amount of 500 to 3 thousand rubles.
Since June 1, 2014, the second part of this law was also enacted, which states that smoking in multi-storey buildings is prohibited only in public places, namely:
entrances;
elevators;
strollers;
basements;
those. floors;
attics;
stairwells;
pantries.
As we can see, the balcony, which is part of private property, is not mentioned in this list. Let's take a closer look at this topic.
Can I smoke on the balcony of a residential building?
So, taking into account the law, smoking on the balcony of a residential building is allowed, but not in all cases, namely:
1) smoking is allowed if the house is wholly owned by you, and in this case there can be no complaints against you by the law;
2) it is allowed if the house belongs not only to you, but you smoke exclusively on your own balcony, and nicotine smoke does not harm other residents;
3) smoking is prohibited on balconies that are not related to your property.
Anyway, if you are a smoker, try not to spoil relations with your neighbors for such trifles, because, perhaps, you will still have a situation where you may really need their help in any situation.
Can I smoke on the porch balcony?
In the event that access to the balcony is possible only through public areas, for example, through the stairwell or utility room, to which full access is open, then smoking on such a balcony is prohibited. There is some similarity with your own balcony in a multi-storey building, that is, although the loggia belongs to you, but if nicotine smoke reaches its neighbors, then by law it is a public place.
Can I smoke on the balcony of the hotel?
Smoking in hotels, as well as in other public places, including balconies, is not allowed in the Russian Federation. In the territory of most of them, in addition to the law, their own restrictions on the internal routine inside a particular hotel are also provided. However, many small hotels in order to avoid the loss of guests still allocate special places for smoking, sometimes even contrary to the law.
In what cases is smoking prohibited on the loggia?
It must be recalled that the law described above states that smoking on the loggia is possible only when this process does not harm everyone around. If the people next to you have the opportunity to prove that you are doing any harm to their health through your actions, this behavior of a smoking person will be unlawful. That is, despite the fact that you smoke on your territory, smoke can harm your neighbors, and they are quite entitled to demand that you stop smoking in this place, and, ultimately, turn out to be right.
How to avoid bad consequences?
Try not to conflict with your neighbors on such a minor occasion. Do not forget that they have every right to lead a healthy lifestyle, and you can limit them to this with your actions. The same rule must be observed within your family. Remember that nicotine smoke can significantly harm the health of your loved ones, including children.
How to solve the problem of smoking on the loggia?
If you are a big fan of smoking on the loggia, then the best option would be to equip this place in such a way that it is fully consistent with the law and fire safety standards. Thus, if you do not interfere with the people around you, no one will claim you.
To do this, you need:
1) place any container for cigarette butts and an ashtray on your balcony; for your own convenience, a chair will not hurt;
2) in order to comply with all fire safety standards, at least the minimum means for extinguishing the fire must be on the loggia, for example, a container of water;
3) if you have a glazed loggia, build ventilation on it, which will help not only to eliminate the accumulation of smell from smoke, but also save from accumulation of soot on the balcony.
In such a simple way, you can smoke on your loggia, without causing any harm to others.
Is it possible to fight smoking on the loggia?
If you are a non-smoker, and cigarette smoke from a neighbor gives you a lot of inconvenience, the first thing that is best done in this situation is a conversation in a friendly tone. No need to immediately rush at him with abuse, because it is quite possible that a smoker is not at all aware that he is inconvenient to someone. Therefore, you do not need to immediately scandal or get angry, try to agree with him that he smoked in some other place or at hours when your windows are closed.
If you couldn’t solve the problem amicably, then you have no choice but to file a complaint with the housing and communal services. To simplify the task, you can stock up on the support of other neighbors to collect signatures and apply to the local police officer. If the smoker's guilt is proved, he will be fined or reprimanded, other penalties are not provided for in modern legislation.
In conclusion, I would like to note that, despite the fact that smoking on one’s own loggia is not prohibited by law, this does not mean that a smoker has the right to spoil the life of other residents in a multi-storey building. If the smoker does not make any concessions, then the best option is a complaint to the housing and communal services or law enforcement agencies, because everyone has the right to a healthy lifestyle. But the best option would be, of course, an amicable settlement of the conflict without involving law enforcement agencies.
