Is it possible to smoke in the entrance of a residential building: a fine under the new law in 2021–2022

Many smokers are interested in whether it is possible to smoke in the entrance, for example, according to the new law 2021–2022. The Russian government is pursuing an anti-tobacco policy by passing laws that limit the list of places for smoking. Smoking is prohibited in the entrance of a residential building, as well as at the entrance to the entrance. After reading this article, you will learn where you can and cannot smoke, what fines are imposed on violators, and how you can deal with smoking neighbors.

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Law on smoking in an apartment building

When talking about the law on smoking in MKD, it is worth keeping in mind several acts at once:

• Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” dated February 23, 2013 N 15-FZ;
• Article 23 of the Code of Administrative Offenses of the Russian Federation;
• Article 36 of the Housing Code of the Russian Federation;
• Decree of the Government of the Russian Federation of August 13, 2006 N 491.

The law on smoking in apartment buildings was adopted in 2013. From now on, everyone who allows themselves to smoke in common areas and elevators is declared legally. For violation they face administrative liability.

Experience of other countries

Ukraine

In this country, the smoking ban applies to hostels, hotels and similar facilities used to accommodate citizens. Private houses and apartments are not subject to this veto.

Belarus

As in Russia, in Belarus law enforcement officials do not have the right to fine the owner of an apartment if he smokes on his territory. When neighbors contact housing and communal services, explanatory conversations are held with tobacco lovers - nothing more. However, you can try to defend your right to clean air in court.

To reduce the percentage of smokers in Belarus, taxes on tobacco products are being increased. According to studies, an increase in this indicator by 10% ensures a reduction in cigarette consumption by 4%. Currently in Belarus the share of tax reflected in the price of cigarettes exceeds 40%. For comparison, in Ukraine this figure is 60%.

Kazakhstan

According to Art. 336-1 of the Code of the Republic of Kazakhstan, smoking is prohibited in public places. Apartments and private houses do not fall under this definition.

As you can see, in 2021, smokers will be able to use tobacco products mainly on their property. And the Russian government continues to develop new provisions of the “anti-nicotine” law.

Where exactly is smoking prohibited in the apartment building?

The area of ​​the house can be huge, so it is necessary to specify in which rooms smoking is prohibited by law.

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According to clause 10, part 1, art. 12 Federal Law No. 15 of February 23, 2013, it is prohibited to smoke in elevators and common areas of the apartment building.

The Housing Code of the Russian Federation specifies what exactly should be understood as common areas:

1. Inter-apartment landings.
2. Stairs.
3. Elevators and their shafts.
4. Corridors.
5. Attics.
6. Roofs.
7. Cellars.
8. Technical floors, warehouses.
9. Wheelchairs.

The adjacent area and buildings located on it cannot also be used for smoking. Therefore, if someone smokes in a garage or in a parking lot, which is located on the land plot of an apartment building, this is a reason to contact the competent authorities.

Definition of a communal apartment

The definition of a communal apartment can be found in the Housing Code of the Russian Federation. This is real estate that is owned by several owners. Moreover, the owners can be both individuals and organizations that, for example, provide employees with office living space. In addition, communal housing may be municipal.

Communal apartment

A communal apartment usually houses several families, each of which has one or more rooms. The kitchen, corridor, bathrooms and utility rooms are considered joint property and are used by all residents on an equal basis. Ownership of an apartment is formalized by a purchase and sale or privatization agreement. If the apartment is municipally owned, living in it is possible under a social tenancy agreement.

Is it possible to smoke on the balcony?

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.

In fact, clause 2 of the RF PP No. 491 dated 08/13/06 classifies the balcony on the floor as a common area. To use it for smoking purposes, it must be equipped. But even before that, you will need to literally ask permission from the other neighbors in the house. This can be done through a neighborhood meeting. The consent of other residents must be formalized in the form of a decision of the OSS or HOA, residential complex, housing cooperative, management company.

Necessary conditions for special places

If the residents of the house decide to organize a smoking area near the entrance, it must meet the following requirements:

• Be marked with a special sign or the inscription “Smoking area”.
• Have ashtrays.
• Have artificial lighting for dark times.
• Do not violate sanitary legislation regarding maximum permissible concentrations of smoke and other combustion products in the air, as well as fire regulations.

In addition to outdoor smoking areas, it is permissible to arrange smoking rooms inside the residential building itself. However, they must be additionally equipped with:

1. A tightly closing door or other device that prevents the spread of smoke.
2. Forced supply and exhaust ventilation, which ensures air mixing and removal of contaminants to the outside.
3. Fire extinguishers.

Important! The allocation of smoking areas near entrances should be carried out on the basis of a decision of the general meeting of owners or the management company, if the owners have given it such a right. It is unacceptable to organize a “smoking room” on your own.

Is it possible to smoke out the window of your apartment?

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.

Is it possible to smoke...

The disadvantages of smoking in an apartment include various unpleasant factors. Harsh tobacco smoke is absorbed into fabrics, which then may not be able to be removed from the smell. In the bathroom and toilet room, tiles and light-colored plastic surfaces are at risk, since nicotine quickly eats into surrounding objects. You can even observe this on the skin: sometimes cigarettes leave yellow spots on your fingers. The more a person smokes in a confined space, the more intense the concentration of substances that turn the once white tiles yellow-brown. However, with regular cleaning this problem will disappear.

Information

The main thing that a person who wants to smoke in an apartment should remember is the fire safety rules. Their violation can lead to catastrophic consequences.

On the balcony or out the window

This method of smoking requires caution. This is not prohibited by law, but several factors must be taken into account:

1. If the balcony is shared, you need to ask the neighbors' permission . When you suspect there may be conflicts, ask for written permission. In a controversial moment, this will be your argument.
2. Don't throw cigarette butts from the balcony or window! There were cases of balconies catching fire on which a smoldering cigarette butt fell from the upper floors. Do not create a fire hazard.

In the toilet or bathroom

Your apartment is private property. You dispose of its premises at your discretion. The only difference between toilets and bathrooms from others is ventilation. An apartment building has a single ventilation system, and tobacco smoke can be drawn into neighboring apartments. If residents come to you asking you to stop smoking, make concessions and install a hood in the toilet. This will solve the problem of smoke in other people's apartments and excessive smoke in your bathroom or toilet.

In a communal apartment

In a communal apartment you can only smoke in your room. The bathroom, toilet and kitchen are considered public places and smoking is not allowed there. This problem can be solved at a meeting of residents, where the likelihood of a positive outcome for you depends on the number of other smokers in the communal apartment. Chat with your neighbors, maybe you decide to designate a smoking area in the vestibule or entrance.

In a rented apartment

The possibility of smoking in a rented room is discussed with the landlord. When drawing up a contract, write down this clause separately, indicating specific smoking areas. For example, an apartment owner is for smoking in the kitchen, but is definitely against smoking in the living room. This may be dictated by the fact that the smell of tobacco is easily absorbed into wallpaper and carpets. This may unpleasantly surprise the next tenants after you and stop them from renting the premises. If you violate the terms of the contract, the landlord has the right to evict you or fine you, if such a procedure is specified in the contract.

Is it possible to smoke vaping and electronic cigarettes?

The main advantage of electronic cigarettes and vaping is that they do not pose a fire hazard. When consuming them, you need to monitor your well-being, as well as the condition of those around you. If your household is allergic to fragrances, then you should pay attention to this and use electronic devices in specially designated smoking areas.

In a communal apartment

Vaping and electronic cigarettes should be smoked in your room. Make sure that smoke does not escape through the door and cause discomfort to neighbors. At a general meeting, raise the issue of smoking in the kitchen, toilet or bathroom. Be sure to check if your neighbors have an allergic reaction to the components of the additives.

In a rented apartment

Smoking vapes and electronic cigarettes in the rented premises is not prohibited. Unlike classic cigarettes, such devices do not leave a pungent odor. It is recommended to include a smoking clause in the contract if there are concerns about possible conflict situations with the landlord.

Arrangement of smoking rooms in an apartment building

Since smoking in an apartment is not an option, smokers have the right to set up a special place within a residential building.

It can be located:

• in open areas;
• in an isolated space belonging to the property of an apartment building.

If the area is allocated to the fresh air, then the smoking room should be located away from children's and sports grounds. If it is installed inside the house, it must be equipped with a ventilation system in order to properly remove smoke and purify the air.

In addition, regardless of the location of the smoking room in an apartment building, it must contain materials about the dangers of smoking.

Is it possible to smoke at the entrance of a residential building?

This is a fairly common question. It is regulated by law. We have already figured out whether it is possible to smoke in the entrance of a residential building, according to the new law in 2021–2022, now let’s move on. Some people believe that since it is forbidden to smoke in the entrance, then it is permissible to stand and smoke at the entrance to the house.

Prohibition sign

The law prohibits smoking on the street outside designated areas.

The fines for smoking on the street are the same as for a violation in the entrance. A table with current fines will be given later in the article.

Bodies where you can complain about smoking in the MKD

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.

Where to complain if they smoke in the entrance

It is necessary to deal with smoking neighbors, but you should not count on their understanding and a quick solution to the problem; people are different, including those who are not ready to give up their habits, and sometimes even aggressive. If your neighbor smokes in the entrance of an apartment building, then first you need to politely ask him not to do so.

If your requests are ignored and, even more so, they are rude or threaten in response, you need to move on to other methods of influencing the violators and complain about your neighbors smoking in the entrance. Where to go if they smoke in the entrance:

• you can try contacting the management of the HOA, initiating a meeting of the residents of the entrance, contacting the management company with a request to hang a no-smoking sign in the entrance;
• a more effective way to solve the problem is to submit an application to the local inspector, the latter is obliged to respond to it, come to the scene of the offense, conduct an investigation, issue a warning or fine the neighbors.

In order for the statement to be more substantiated, it must be supported by witness testimony, photo and video materials (including footage from a hidden camera, if available). The ideal option is if the local police officer catches the offender while he is smoking in the entrance, however, such a situation seems unlikely.

Sample application for a smoking neighbor

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)

Type and amount of punishment for smoking in MKD

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.

Moreover, when they talk about the possibility of recovering moral damages, these are not empty words. In domestic judicial practice, there is already a decision of the Supreme Court of the Russian Federation, which ordered a resident of Novosibirsk in October 2021 to pay 5 thousand rubles of moral compensation to the plaintiff, who suffered from unpleasant odors entering his apartment.

It is also worth keeping in mind that there are asthmatics who cannot tolerate the smell and smoke of cigarettes. If the harm was caused to a person with health problems, the compensation can be quite impressive.

What to do if neighbors prohibit smoking there?

Tobacco smoking is often the cause of conflicts between neighbors. And although smoking in the open air near the entrance is not prohibited, often residents of the building (especially from apartments on the first and second floors) demand to stop and prohibit the use of tobacco products near the entrance.

What should a smoker do? The options here could be:

1. Submit. This habit is really harmful, including for others.
2. Move 15 meters away. In this case, even by analogy of the law, there can be no claims.
3. Indicate that smoking is not prohibited near this area. However, this method is fraught with further development of the conflict.
4. Require a designated smoking room near the house.

It is necessary to take into account not only the norms of federal legislation. The use of tobacco products may be further limited by local regulations. In addition, if the tenant suffers from asthma or other diseases in which tobacco smoke seriously causes him suffering, he can go to court and seek compensation for moral damages from the smoker.

Is it always the smoker's fault for breaking the law?

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.

Is smoking allowed in your own apartment in an apartment building?

Yes, it's allowed. Including on your own balcony, in the toilet and in the kitchen. The territory in an apartment building, which belongs by right of ownership, is the personal space of its owner. This is not a shared use area, so smoking in the apartment is not prohibited by law.

However, if someone files a lawsuit with a complaint that a cloud of smoke, a tobacco smell, or even ashes and cigarette butts enters his apartment from your balcony or apartment, he will most likely be satisfied.

The consequences for the smoker in this case will be as follows:

• ban on smoking in the “disputed” territory;
• fine;
• compensation for moral damage.

Despite the fact that there is no law banning smoking in one’s own apartment, the Constitution of the Russian Federation in Article 42 states that everyone has the right to a favorable environment and clean air. In this case, this norm plays a decisive role for the judge when making a decision.

How to write an ad

To prevent the appearance of tobacco smoke in the entrance, you can place a notice informing all people passing through the front door or entrance that smoking is prohibited.

An effective ad must contain the following elements:

• Accordingly, the text is “no smoking”, “no smoking”.
• Links to the law.
• Responsibility for violation and links to specific articles.
• You can also attach some scary picture with the consequences of smoking.

It’s not a fact that it will help in the fight against all smokers, but it will definitely discourage a couple of amateurs, and after demonstrative punishments for violations, maybe everyone.

See the text above for a sample image!

Smoking in rented housing in apartment buildings

The fact that the owner can do whatever he wants in his apartment (as long as it does not infringe on the rights of other residents) is understandable. Another question is whether it is possible to smoke in a rented apartment.

Since these legal relations are governed by civil law, the parties, at their own discretion, stipulate this point in the contract. If you write down a clause banning cigarettes, you immediately need to stipulate the consequences of violating it. This could be a fine in the amount of compensation for damage caused or even early eviction.