Is it possible to smoke near the entrance of an apartment building 2021

Description of the law

This document is intended to solve the following problems:

• designate a list of places where the use of cigarettes is strictly prohibited;
• protect non-smoking citizens, including minors, from the consequences of passive smoking;
• motivate smokers to gradually reduce the number of cigarettes they use daily.

According to the law, the ban on smoking in buildings, including entrances, applies to all residential multi-apartment buildings without exception. Legislators proceed from the fact that all residents of the house use the entrance, therefore, smoking can harm both small children and people prone to allergic reactions or suffering from respiratory diseases. And for adults who do not have health problems, passive smoking causes irreparable harm.

The law does not allow smoking

Based on the current law, a smoking ban is imposed:

1. In all types of transport (taxi, trains, buses, sea and river vessels, airplanes). In addition, in areas located no closer than 15 m from the entrance to any type of station. And also on platforms where passengers disembark and board on routes carrying suburban traffic;
2. In buildings and on the territory belonging to educational institutions (kindergartens, schools, creativity centers, centers of additional education, sports schools). On playgrounds organized for children of any age category;
3. In places intended for people's recreation (parks, beaches);
4. Directly in the medical institutions themselves, sanatorium-resort and rehabilitation centers and also on the territory belonging to them;
5. In establishments providing services: catering (canteens, cafes, bars), temporary residence of people (hotels, inns, guest houses), trade (markets, shops, fairs) and in the territory located in open space in their possession ;
6. In premises belonging to social services, bodies carrying out the activities of state power and local government;
7. Within the radius of the designated “working” zone and directly at the site of the work being carried out;
8. At stations that refuel vehicles;
9. In elevators of apartment buildings and places intended for general use.

New laws on smoking near entrances

Federal Law No. 15 has been in force since 2013. It was designed to protect Russian citizens from the harmful substances of tobacco smoke. One of the measures provided for in the articles of the law is a ban on smoking in certain areas. But beyond these limits there are no restrictions.

Smokers need to understand that regional and municipal authorities have the right to independently determine new zones where smoking will be considered an offense.

Some lawyers are inclined to believe that smoking in the yard is also prohibited. They refer to Art. 36 of the Housing Code of the Russian Federation, which states that a landscaped plot of land near a residential apartment building belongs to common property. To comply with the rules, smokers should leave public places.

This option causes a lot of controversy, since Federal Law No. 15 only mentions public premises, for example, the entrances of a residential building, and land plots do not apply to them. Therefore, the ban does not apply to them.

What should a smoker do if neighbors prohibit smoking at the entrance?

Before you get into conflict with your neighbors over such a ridiculous situation, put yourself in their shoes. It is unlikely that anyone will like to sit at home and inhale substances that poison the body.

No one is obliged to keep the windows closed all the time. You should not escalate the situation and smoke right at the entrance.

The way out of this situation may be as follows.

• Organize a meeting of smokers in your home;
• Offer to independently build a public smoking area outdoors;
• Together, choose a place on the territory of your home away from a playground built for children and clothes lines for drying clothes. Since damp laundry soaked in tobacco products retains the smell until the next wash, and no one will like this either;
• Build a gazebo. Place a table and benches in it.

Of course, you will have to maintain order yourself, but there will no longer be any complaints from the residents.

Evidence base on smoking neighbors: reasons

Attention: Many owners of apartments in multi-storey buildings who smoke in the entrance halls do not even suspect that their actions fall under federal legislation and are punishable by an administrative fine. The main legal act that regulates the consumption of tobacco products in public places on the territory of the Russian Federation is Federal Law No. 15 of February 23, 2013.

Currently, smoking is prohibited in all public places, in particular we are talking about public transport, bus stops, areas of youth and children's institutions, entrances, as well as those areas where people work, live or rest.

Is it possible to smoke a vape or hookah?

The law does not prohibit the use of electronic cigarettes (vaping), especially if a person lives alone. When other family members are around, an allergy to the fragrances that the composition contains may be an obstacle.

The advantages of glo and iqos devices are fire safety, so the use of electronic cigarettes does not cause fires.

Smoking using such devices is not prohibited in public places. When heated, only steam is released, which is not dangerous to others. It does not cause dizziness, has a pleasant aroma, and dissipates quickly. Vapes are not allowed to be used during flights. They are not prohibited from being used when traveling by rail.

The hookah contains tobacco. This smoking device is a fire hazard, so it is subject to the same restrictions as regular cigarettes.

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

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.

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.

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.

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:

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 2021, the 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.

Requirements for places where smoking is allowed

With the introduction of the new law, new requirements for architects and construction organizations appeared.

The thing is that now, during the development of a residential building, as well as its construction, they must provide for the availability of smoking areas.

In order for everything to be correct, you need to know the requirements put forward.

• The location should be isolated, that is, have an entrance with a tightly closing door;
• Its location should not be adjacent to areas of a highly flammable and explosive nature;
• To use the room at night and in the evening, it is necessary to have a source of artificial light;
• It must belong to the fire class; walls and floors cannot be made of flammable materials;
• The room must have a working ventilation system;
• The release of tobacco products into places intended for general use cannot exceed permissible limits;
• Its designation is made using an inscription or a special sign;
• Smoking areas must be equipped with fire extinguishers.

How far away can you smoke from buildings?

Requirements for smoking areas

Currently, especially in light of the adoption of laws restricting smoking in public places (Federal Law No. 15-FZ of February 23, 2013 “On protecting the health of citizens from exposure to tobacco smoke and the consequences of tobacco consumption”), there are mandatory requirements for placement and equipment for smoking areas.

Based on the decision of the owner of the property or another person authorized by the owner of the property,

Tobacco smoking is allowed:

1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;

2) in specially designated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

The requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco are determined by Order No. 321 of the Ministry of Regional Development of the Russian Federation and the Ministry of Health of the Russian Federation dated July 31, 2013 “On approval of the Requirements for the allocation and equipment special places in the open air for smoking tobacco, to the allocation and equipment of isolated rooms for smoking tobacco.”

1.General requirements.

Smoking areas are not allowed to be located in areas, premises and facilities where smoking tobacco is prohibited.

Smoking areas must comply with hygienic standards for the content in the atmospheric air of substances released during the consumption of tobacco products, established in accordance with the sanitary legislation of the Russian Federation.

2.Requirements for indoor smoking areas.

Isolated rooms for smoking tobacco are equipped with:

c) artificial lighting;

e) a supply and exhaust ventilation system with mechanical drive, ensuring the assimilation of contaminants released during the consumption of tobacco products, as well as preventing the penetration of polluted air into adjacent rooms;

f) information materials about the dangers of tobacco consumption and the harmful effects of environmental tobacco smoke.

3.Requirements for outdoor smoking areas.

Special outdoor places for smoking tobacco are equipped with:

a) sign “Smoking area”;

c) artificial lighting (at night);

d) information materials about the dangers of tobacco consumption and the harmful effects of environmental tobacco smoke.

Where smoking is prohibited:

According to the requirements of Article 12 of the Federal Law of February 23, 2013 No. 15-FZ “On protecting the health of citizens from the effects of tobacco smoke and the consequences of tobacco consumption,” smoking tobacco is prohibited:

To designate areas, buildings and objects where smoking tobacco is prohibited,
a smoking ban sign 1 must be placed
. The smoking ban sign is made in the form of an image of a certain geometric shape using various colors, graphic symbols (colorographic image) and is a circle with a border red (with the exception of an additional sign prohibiting smoking, placed in accordance with paragraph 6 of these requirements, the image of which may differ and be in a different color), the width of which must be at least 13.7 mm (appendix to these requirements). The diameter of the circle must be at least 200 mm, including the border. In the center of the circle, a graphic image of a cigarette is placed horizontally, consisting of three black rectangles. The size of the first rectangle must be at least 120 x 25 mm, the second and third - at least 6.2 x 25 mm. Rectangles are placed from left to right. The distance between the first and second rectangle must be at least 5 mm, between the second and third - at least 6.2 mm. On top of the second and third rectangles there are wavy lines at least 5 mm wide, representing smoke. The cigarette is crossed by a red transverse stripe at least 17.5 mm wide. The red transverse stripe is made at an angle of 45 degrees to the horizontal with a slope from the top left of the border to the right down to the border and should not be interrupted by the graphic symbol of the sign (cigarette).

2. A no-smoking sign placed in vehicles, as well as a no-smoking sign placed in accordance with paragraph 6 of these requirements, may be smaller than the size established by paragraph 1 of these requirements.

4. It is allowed to accompany the sign prohibiting smoking with the inscriptions “No smoking”, “No smoking” and (or) information about the amount of fines for smoking.

5. A no-smoking sign is placed at each entrance to the territory, buildings and objects where tobacco smoking is prohibited (for vehicles - on the outside door), as well as in common areas, including toilets.

In premises intended for the provision of hotel services, temporary accommodation services and (or) provision of temporary accommodation, a smoking ban sign is additionally placed near the registration point (reception service).

6. An additional sign prohibiting smoking is placed by decision of the owner of the property or another person authorized by the owner of the property in the territories and premises used for carrying out activities, including:

a) on the door of the room or in the room (for premises intended for the provision of hotel services, temporary accommodation services and (or) provision of temporary accommodation);

b) near the bar counter, in halls, including banquet halls, booths and offices (for premises intended for the provision of trade services, catering, market premises);

c) in the vestibule (for trains);

d) in the cabin (for aircraft).

Appendix to the Order of the Ministry of Health of the Russian Federation (Ministry of Health of Russia) dated May 12, 2014 N 214n Moscow “On approval of the requirements for the smoking ban sign and the procedure for its placement”:

Fines for smoking

In case of violation of the requirements of the law, administrative punishment in the form of a fine may be applied:

1. Smoking in places prohibited in accordance with the provisions of the anti-tobacco law is punishable by a fine in the amount of 500 to 1,500 rubles.
2. For smoking not just in a public place, but on a playground, the fine will be from 2,000 to 3,000 rubles.
3. If a minor is involved in smoking, the fine will be from 1000 to 2000 rubles. Persons who purchase tobacco for minors, treat them to cigarettes or promote smoking among them can be held accountable under this clause.
4. For the actions described above, committed by the parents of a minor, the fine will be from 2,000 to 3,000 rubles.

Other fines provided for by anti-tobacco legislation

The law provides for liability not only for smokers themselves, but also for persons who are obliged to take measures to limit tobacco consumption or create special conditions for smokers:

1. If a legal entity or officials fail to fulfill their obligations to place signs prohibiting smoking, or if they violate the procedure for placing such signs, sanctions may be applied to them in the form of a fine for officials from 10,000 to 20,000 rubles, for legal entities - from 30,000 up to 60,000 rubles.
2. If a legal entity has not fulfilled its obligation to equip a smoking area (both outdoors and in isolated premises), then this may become the basis for imposing a fine on officials of the enterprise - from 20,000 to 30,000 rubles, on a legal entity - from 50,000 to 80,000 rubles.
3. If an individual entrepreneur or a legal entity does not fulfill its duty to control tobacco smoking, thereby failing to protect the health of citizens from the harmful effects of tobacco smoke in its territories, administrative sanctions in the form of fines may also be applied to them. For individual entrepreneurs the fine is from 30,000 to 40,000 rubles, and for legal entities - from 60,000 to 90,000 rubles.

Smoking neighbors: how to deal with them and what to do if persuasion does not help

Federal Law No. 15 applies to the entire border of the land plot on which a residential apartment building is built. That is why it is allowed to smoke tobacco products only at a distance of 15 meters from the entrance. Failure to comply with this requirement may result in a significant fine. The situation becomes more complicated if there is a children's playground at the entrance of a residential building.

The use of any tobacco products is permitted only in specially equipped premises equipped with a high-quality ventilation system and a seal on the door (preventing the spread of smoke throughout the residential building).

According to the legal department of the Ministry of Health of the Russian Federation, electronic cigarettes and hookahs cannot be included in the list of tobacco products, the use of which is prohibited in public places (discussed in Article 12 of Federal Law No. 15). According to current legislation, the ban applies only to products made entirely or partially from tobacco leaves.

Back in 2013, a group of enthusiastic “steamers” wrote a letter of request to the Department of Health Protection of the Russian Federation. They asked whether Federal Law No. 15 applies to electronic cigarettes. On April 29, 2013, they received an official response, according to which these devices cannot be classified as tobacco products. Therefore, e-cigarettes can be used in public places.

First, you need to conduct an explanatory conversation, reminding your neighbors or their guests about the existence of Federal Law No. 15.

If “preventive” measures do not have an effect, try to enlist the support of other neighbors who are opponents of smoking.

If no one agrees to be a witness to the crime, you will need photo or video materials confirming the fact of smoking in the entrance of a residential building.

The law is aimed at reducing tobacco consumption by the population and organizing measures to minimize the impact of tobacco smoke on others. For this:

• smoking bans have been introduced in certain rooms, facilities, and territories;
• measures have been taken to reduce the demand for tobacco-containing products;
• information work is carried out with the population about the dangers of smoking, at the same time a ban on advertising of tobacco products has been introduced;
• medical assistance is provided in the treatment of tobacco addiction;
• Sale of tobacco-containing products to minors is prohibited.

Article 12 of the Law establishes a complete ban on smoking in the following places:

• in educational, cultural, medical, sports, rehabilitation institutions;
• on all types of public transport (including urban, suburban routes, trains and long-distance ships, aircraft, railways);
• indoors and outdoors (no closer than 15 meters from the entrance) near bus and railway stations, river and airports, stations and platforms of railway transport, metro, etc.;
• in premises for temporary accommodation and residence of citizens, public catering, trade and consumer services;
• in social facilities;
• in buildings of state and municipal authorities;
• on playgrounds and public beaches;
• in elevator cabins and common areas of apartment buildings;
• at gas stations;
• at workplaces.

Smoking is permitted only in places outside this list and in specially organized areas (smoking rooms). Penalties are provided for violation of the law.

For smokers in an apartment building, it remains possible to smoke tobacco only on a personal balcony or loggia or in the apartment itself. In these situations, they will still cause inconvenience to non-smoking citizens, but their circle will be significantly narrowed.

Neighbors who are forced to suffer from tobacco smoke entering their apartments from their balconies are unhappy with this relaxation. In this case, the law determines the boundaries of personal and public space. In particular, the smoker’s balcony is property owned by him, therefore it is impossible to take any measures of influence.

The only option for punishment may be the basis on which the use of open fire on balconies, loggias, in apartments, living rooms of dormitories, and hotel rooms is prohibited. In this case, you should be guided by clause 90 in Decree No. 390 “On the fire regime”.

In case of violation of Art. 12 of Law No. 15, administrative measures are applied to the smoker. The amount of the due fine is established in accordance with Art. 6.24 of the Code of Administrative Offenses of the Russian Federation and is calculated within the following limits:

• from 500 to 1000 rubles in all cases, except for smoking on playgrounds;
• from 2000 to 3000 rubles for violating the smoking ban on children's playgrounds.

Such violators are identified only with the help of concerned citizens.

It depends on what kind of balcony we are talking about. If you mean a balcony on the floor, then you can’t. If in an apartment, it’s possible.

There are often cases when management companies have to sort out disputes regarding smoke on common balconies. Some people think that by hanging a “Smoking Area” sign on it, they are not breaking the law and smoking in a specially designated area.

The law does not give a clear answer to this question. In practice, this is acceptable until the first conflict with neighbors. If they can prove that smoke from your window enters their apartments, residents have the right to complain to the district police officer. In this case, the truth will be on their side, and the smoker will have to pay a fine.

At the same time, you can “ask” for permission to smoke in this way at a general meeting of residents. If everyone votes unanimously “for”, and this is reflected in the protocol, for the smoker this is a significant plus in his favor.

There is no clear answer to this question in the law. You can only smoke where the smoke will not disturb other people. Accordingly, if you stand directly under the windows of a residential building, this will definitely be considered a violation, since smoke will enter the apartments on the lower floors. If you move away to a considerable distance, where there are no recreation areas, children’s or sports grounds, then there will be no violation as such, since there will be no potential victims.

The first step is to contact the local police officer. This is the most expeditious way to protect violated rights. If the local police officer is inactive or his actions did not bring the desired result, contact the police department directly to the authorities.

The supervisory, or as they are also called - controlling, bodies in this case are the GZHI and Rospotrebnadzor.

A complaint to the prosecutor's office is also usually effective. However, here everything still depends on the workload of the employees of a particular prosecutor’s office - if they are loaded with criminal cases, it is unlikely that they will have time to urgently solve problems with smoking in prohibited places.

The last authority to turn to if “nothing helps” is the court. In order for your complaint to be considered, you will need to file a claim and pay a state fee.

If conversations do not help, and the management company is powerless to influence the smoking neighbor, the only way out is to file a complaint (application) with the district police officer. It can be written on behalf of one person or take the form of a collective appeal.

Precinct police station No. 1 in Obninsk

From citizens living at:

Obninsk, st. Tsvetochnaya, 72, building 2, apt. No. 7, 8, 10, 11, 12

Kirillova A.G., Efimchenko T.V., Yaslovoy T.E.,

Krivonos G.E., Tigipko R.R.

Statement

We ask you to urgently respond to the actions of the Lvov family, living at the address: Obninsk, st. Tsvetochnaya, 72, building 2, apt. No. 9. These citizens regularly smoke on the open loggia of their own homes, which is why our apartments receive an unpleasant odor from the burning of tar and tobacco. By doing so, these individuals violate public order and harm our health. We have been forced to suffer from an unpleasant odor for more than 8 months (from the moment they moved in).

Residents of the house made attempts to talk to the Lvov family. In response, they used obscene language and threatened the activists. These actions were captured on video, which we attach as evidence. Warnings were repeatedly posted at the entrance, but these persons tore down and destroyed these notices.

May 24, 2021 (signatures and full names of all applicants)

Citizens who smoke cigarettes in apartment buildings face a fine in the amount of:

• from 500 to 1500 rubles – on the territory of an apartment building where children do not roam;
• from 2000 to 3000 rubles - on playgrounds near the house.

The specific amount is determined by the person authorized to bring to administrative responsibility. If the violator does not agree with his decision, he can go to court.

However, that's not all...

A smoker can be brought to civil liability, within the framework of which he will have to compensate for harm to the health of others and moral damage.

Smoking people who live in apartment buildings find themselves in a hopeless situation. Some of them would be happy not to break the law, but there are simply no designated smoking areas in or near the house. Therefore, the question arises: who is obliged to allocate such places and who can be held accountable for their absence.

The responsibility for ensuring sanitary and epidemiological measures, monitoring the technical condition and fire safety of an apartment building lies with the management company (HOA, residential complex, housing cooperative). It is these organizations that should equip smoking rooms. If the latter are absent, and smokers “smoke” in the entrances, then the management organization will also have to pay a considerable fine:

• for a legal entity - from 50 to 80 thousand rubles;
• for an official - from 20 to 30 thousand rubles.

In practice, usually no one complains about management organizations for the lack of smoking areas. For this they are “punished” with fines during inspections by Rospotrebnadzor and fire inspection authorities.

If there are a lot of people who smoke in your building, you can discuss creating a smoking area. You can place the site in the local area or in the entrance. But it’s easier to do this on the street near the entrance, especially for residents of houses from the old building.

Requirements for an open smoking area:

1. Installation of ashtrays or trash cans (cigarette butts cannot be thrown anywhere else).
2. The presence of a permit sign “smoking is allowed here.”
3. Availability of lighting for the dark.
4. Stands with information about the dangers of smoking.
5. Distance to the entrance to a residential building: at least 10 meters.
6. Distance to the playground: at least 20 meters.
7. A canopy for protection from rain and snow is not required, but is advisable.

There is one more requirement for closed areas inside the entrance: the presence of ventilation. To organize a smoking area, you will need to hold a meeting of apartment owners, where you can get a majority of votes.

To persuade non-smoking neighbors to vote yes, tell them about the benefits of a smoking area. Icy air will not flow into the entrance through the windows. The acrid smell of tobacco will not accumulate in the halls and areas or penetrate into apartments. Smokers will not make noise or cough on the stairs.

Evidence of smoking in the wrong place can be one or more facts:

1. Testimony of at least two witnesses who are not related to each other.
2. Photographing or videotaping the smoking process. But according to the law, you cannot film citizens without warning them. A solution to the problem may be video recording from a hidden camera, if there are notices at the entrance warning about the recording.
3. The district police officer personally found the offender with a cigarette in the entrance and drew up a report. To do this, you need to calculate the schedule of smokers and invite the local police officer to walk around the entrance at the right time. Then you can draw up a report on lawbreakers at the entrance.

Government decree banning smoking in hallways

At the moment, everything related to smoking is regulated NOT by Government Decrees, but by the relatively new Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.” Resolutions may amend this law, so you need to look for the necessary answers about smoking bans in this Federal Law.

Is it possible to smoke near the entrance of a residential building or inside it?

To answer this question, let us turn to this law.
According to subparagraph 10 of paragraph 1 of Article 12, smoking is prohibited in elevators and common areas of the MKD, that is, in public areas. It is the common area that the entrance should be classified as, since all residents of the apartment building and other persons have access to it. There must be a corresponding sign at the entrance stating this prohibition.

The Federal Law does not say anything about smoking near the entrance, and from this it follows that there is no talk of prohibiting it and it is allowed.

However, according to the meaning of the law, this should also be prohibited, because smoke can enter apartments from below through windows and thereby harm people. Therefore, it may not be possible to circumvent the law due to the lack of precise instructions.

How far away from home can you smoke?

Since the law we are considering does not say anything about prohibiting smoking at the entrance or at home, no distance is provided.

There are provisions that prohibit smoking at a distance of less than 15 meters from the entrances of train stations, airports, sea and river ports, and metro stations.

It's not that far, but these meters protect most of the people there.

BUT there is one caveat!

Federal Law No. 15 states that “Government bodies of the constituent entities of the Russian Federation have the right to establish additional restrictions on tobacco smoking in certain public places and indoors.”

Some regions have adopted their own local laws regulating this issue, for example, in Chuvashia or the Kurgan and Samara regions it is indeed prohibited to smoke at entrances or even at public transport stops at a distance of less than 15 meters from them.

Is it possible to smoke a hookah in the entrance

It all depends on the “filling” of the hookah. The Federal Law prohibits smoking tobacco products in certain areas and in certain premises. If the hookah contains a mixture based on tobacco leaf, then no, it is not allowed, and this law does not apply to smoking other substances without tobacco.

How to deal with a person who violates the law on the rights of non-smoking citizens

If requests to change the smoking area are ignored by the offender, the following measures can be taken:

• Hang smoking ban signs in the elevator, on staircase landings and in the entrance vestibule;
• Contact neighbors with a request to collectively talk with the offender;
• File a complaint to law enforcement agencies addressed to the local police officer, with a request to conduct an explanatory conversation;
• Contact the prosecutor's office;
• Apply to the court for compensation for moral damages.

Sometimes there are situations when you should not be afraid to defend your rights, but this does not mean that when you see a person with a cigarette you should run to court.

What a persistent offender needs to remember:

1. Smoking near the entrance of a residential building can harm the health of people living on the first floors of the building;
2. You should not enter into conflict situations with your neighbors over cigarettes;
3. Ignorance of the law does not exempt a person from responsibility;
4. For constant violation of the law, neighbors have the right to contact not only the local police officer, but also the prosecutor's office (to transfer the case to the judicial authorities for trial). And if they prove the fact of damage to health, then they will have to compensate thousands, not hundreds of rubles.

Related posts:

Is it possible to smoke in hallways from June 1

The entrance to an apartment building is considered a public place. This is a closed room without special ventilation. Therefore, smoking in the entrances is strictly prohibited
. The ban applies to both stairwells and stairwells.

Smoking is prohibited in residential apartment buildings:

• in elevators;
• in basements;
• in attics;
• in the corridors;
• in all technical rooms.

The ban is established for all premises that are common property of the house. For smoking in the entrance there is a fine of up to 1.5 thousand rubles. You can write a statement to the local police officer about neighbors who smoke in the entrance. Such an application is submitted in the usual written form.

Penalties for violation

The following fines for smoking are imposed on individuals:

• at the entrance of a residential building - 500-1500 rubles;
• repeated violation – up to RUB 3,500;
• on the playground - 3000 rub.

Expert opinion

Mironova Anna Sergeevna

Generalist lawyer. Specializes in family issues, civil, criminal and housing law

If violators do not pay fines on time, law enforcement officers increase the amount of debt by 2 times. In addition, they may be subject to arrest for 15 days.

The presence of unpaid fines leads to a ban on traveling abroad.

Smoking in your own apartment

This territory falls under the definition of “private property”. Federal Law No. 15 does not apply to such territories. Non-smoking neighbors who smell cigarette smoke on their property may try to prosecute you. However, to successfully solve this problem, they will have to spend time and money on conducting a number of examinations.

The purpose of such events is to prove the deterioration of the atmosphere in the apartment and the negative impact of tobacco smoke on the health of its owners. Obtaining a positive result is only possible if you systematically and in large quantities “fumigate” neighboring living spaces.

If you have a high-quality ventilation system, this does not happen. Therefore, in order to avoid fines and conflicts with other residents of an apartment building, take care in advance to install air purification systems in the room chosen for smoking.

In accordance with current legislation, smoking on the balcony is not prohibited, provided that it does not disturb neighbors. Moreover, we are talking not only about cigarette smoke penetrating into neighboring apartments through open windows, ventilation and the slightest cracks.

Other residents of a multi-storey building may report you to the police if they find cigarette butts on their balcony - a common cause of fires. Of course, they will have to prove that such finds came from your apartment. If you successfully solve this problem, you will have to deal with the district police officer and representatives of the State Fire Inspectorate.

To avoid these troubles, it is enough to install ashtrays on your territory or replace traditional cigarettes with electronic cigarettes, which produce flavored vapor instead of smoke. However, these devices deserve more detailed study.

Read more about smoking on the balcony of your apartment.

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.

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.

Penalties are imposed for violation of established rules. There is no penalty for smoking in the apartment, since this housing is not classified as a public place. Even for such premises there are certain restrictions.

Smoking is permitted within your own living space, except when it causes discomfort to neighbors.

You can smoke near your home in specially designated areas. They need to be placed away from children and first floor windows.

If a large number of smokers live in an apartment building, you can allocate a special place for them. It must be equipped with a ventilation system, ashtrays and fire extinguishers.

On the balcony

Smoking tobacco on the loggia is not prohibited. It is important that the smell does not cause inconvenience to neighbors. You cannot smoke on the balcony if it is shared with other apartments or has access to the landing. This is considered a common area, cigarettes can only be used if the neighbors do not object.

A homeowner cannot be prohibited from smoking in his home. If this is done in the toilet, the smell of cigarette smoke may penetrate through the ventilation to the residents of other apartments, and neighbors will file a complaint.

The solution to the problem is to install a powerful hood.

If the housing is designed for several owners, smoking is only allowed in your own room. Other premises of a communal apartment belong to public territory. To avoid conflicts, you need to discuss with your neighbors where you can smoke cigarettes.

A good option is to install exhaust ventilation.

In a rented

If the property is rented, the possibility of smoking should be discussed with its owner. It is permissible to do this when there are no objections. It is important to specify a smoking area. If the walls and furniture smell of smoke, the landlord can evict the tenant.

Sometimes tobacco smoke regularly causes discomfort. The smell spreads through the balcony or ventilation. In such cases, you can complain about your neighbors. This is stipulated by the Housing Legislation; it is important to know who to contact.

Where to complain

If a problem arises, you first need to talk to your neighbors about the fact that their habit is causing great discomfort. If there is no result, you can file a complaint with official authorities.

The application is accepted by the district police officer, Rospotrebnadzor or the State Housing Inspectorate.

If your neighbors smoke and the smell penetrates through the ventilation system of the kitchen or toilet, you can complain to the housing department staff. The homeowner pays monthly for the maintenance and repair of public areas of a multi-storey building, so he has the right to expect that the ventilation system of the house will be improved.

The following information must be attached to the application:

1. Evidence (photo or video).
2. Personal details of your passport.
3. Addresses of witnesses, other neighbors.
4. Description of the incident.
5. Medical certificate of health.

Amount of fine

Penalties are provided for violation of the law. The fine for smoking in an apartment ranges from 500 to 1,500 rubles. It is prohibited to use cigarettes on the playground. The amount of recovery can reach 2–3 thousand rubles.

Amounts of fines for legal entities

Not only individuals, but also legal entities are responsible for smoke pollution in the area as a result of smoking.

Many people are interested in the question of what amounts are provided for legal entities. These penalties will be imposed in accordance with the point of the identified violation, which are listed below:

1. If the requirements of the law are not met, the official will have to pay a fine in the amount of 10,000 to 20,000 rubles. If the violation was committed by a legal entity on its own territory, then the amount of the fine increases to 60,000 rubles;
2. In cases where an official violates the requirements for the installation of smoking areas, regardless of whether it is outdoors or indoors, he may be fined by higher authorities in the amount of 20,000 to 30,000 rubles. A legal entity for this offense will pay from 50,000 to 80,000 rubles;
3. Another basis for imposing a fine is violation of legislative standards to protect public health. In this case, both the legal entity and the official are fined in amounts from 60,000 to 90,000 rubles. and from 30,000 to 40,000 rubles. respectively;
4. Violation of the legislative right to work and its protection entails disqualification for a period of 3 to 5 years.

Law banning smoking in the entrances of residential buildings

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Law on the ban on smoking in entrances The main legislative act, which introduces restrictions on tobacco consumption in public places and territories and protects citizens from the harmful effects of smoking, is Federal Law No. 15 dated February 23, 2013. The latest amendments to it were made by regulatory act Federal Law No. 456 dated 12/30/2015. That is, we entered the new year 2021 with new innovations. This law provides for significant restrictions on smoking tobacco in almost all public places.

Smoking is strictly prohibited:

In the territories of children's and youth institutions; In public transport; On lands and in premises where people work, temporarily reside, and make purchases.

You can now smoke on the territory of the plant: Or in a specially equipped isolated room

Sources

1. Andreevsky Sergey Case of Naumov; Mechanical engineering - Moscow, 1986. - 150 p.
2. Borisov, A. N. Commentary on the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (article-by-article) / A.N. Borisov. - M.: Justitsinform, 2009. - 209 p.
3. Lo Golden rules of feng shui / Lo, Raymon. - M.: AST, 2009. - 240 p.
4. Conformity assessment methods No. 9 2011; Standards and quality - M., 2011. - 910 p.
5. Mikhaleva, N.A. Constitutional law of foreign CIS countries / N.A. Mikhaleva. - M.: YURIST, 1998. - 352 p.

Smoking ban: list of places

To put it briefly and clearly, in any premises where people can live, engage in activities or relax (playgrounds, beaches, passenger platforms, gas stations).

In addition, this list includes trains and ships, the stay on which involves a long period of time, or they are intended for the transport of passengers. Airplanes are also places where smoking is prohibited, as it not only harms passengers, but can also start a fire.