What to do with neighbors smoking on the balcony, entrance, landing

A neighbor has the right to smoke in his apartment. Yes. It has. He's at home. But…

If he smokes tobacco on the balcony, the smoke can come to your balcony, saturating the things that are drying there, penetrating into the rooms during airing. If he smokes in the toilet or kitchen, the smoke can again poison your life by entering the apartment through the ventilation duct. And you have small children. Or an allergy to tobacco smoke. Or even asthma.

Is the neighbor right in this case?

What to do if your neighbors smoke?

Why is tobacco smoke so dangerous? It includes about 4 thousand types of harmful substances, among which are:

• nicotine;
• benzene;
• carbon monoxide;
• cadmium;
• formaldehyde, etc.

For a non-smoker, the reaction when entering a room filled with tobacco smoke manifests itself almost immediately. This is a cough, headache, irritation of the mucous membranes.

Proven fact: Staying a non-smoker in a closed room filled with tobacco smoke for about 8 hours is equivalent to 5 personally smoked cigarettes!

With a single and relatively short-term exposure to tobacco smoke on a non-smoker, the harmful components are eliminated quickly enough and we can talk about insignificant harm to health. But with regular, prolonged exposure, a passive smoker risks his health quite realistically.

A special topic is children and passive smoking! Children living in families of smokers, who therefore constantly find themselves in the role of passive smoker, often suffer from various diseases of the respiratory system. Among them there is a high percentage of developing diseases such as asthma. These children have lower resistance to pulmonary infections, as a result - frequent exposure to bronchitis, pneumonia, etc.

The problem of passive smoking is so obvious that in 2013 the State Duma adopted a law banning smoking in public places, including in the entrances of apartment buildings. But, unfortunately, it cannot be said that this law is successfully applied in practice, and smoking neighbors remain a very pressing problem in 2015, and in 2021, and in 2021. It's only the beginning.

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.

What to do if a neighbor smokes on the balcony?

One of the problems that residents of apartment buildings face is neighbors smoking on the balcony. Could this be a problem? We're sure it can. The architectural features of most domestic houses imply a fairly close proximity of balconies and loggias to each other.

Sad but true! A pregnant woman exposed to second-hand smoke harms not only her health, but also the health of her unborn child.

And in practice, this means that tobacco smoke from the balcony easily enters adjacent open windows or balconies. Let's try to figure out whether this issue is regulated by law?

Unfortunately, the territory of a balcony or loggia does not belong to common areas, such as, for example, the entrance area. In a certain sense, the balcony acts as an extension of the apartment, and it is impossible to influence the neighbor who uses it for smoking. Only personal agreements with him are appropriate here.

Smoking restrictions on the way home

Smoking restrictions apply to public transport. You cannot smoke inside the vehicle, at bus stops, at airports, or at train stations. The only exceptions are areas designated specifically for smoking.

Smokers area

When smokers are forced to travel on long-distance trains, they have to give up their bad habit for a while.

It is prohibited to smoke in the train toilet or on the platform during a stop.

Sometimes conductors can “turn a blind eye” to smoking if the offender helps them fulfill the plan for selling Russian Railways lottery tickets (buy a ticket for 100 rubles). But this scheme is a violation of the law.

What to do if neighbors smoke in the entrance?

The situation is completely different with smoking in the entrance. The entrance is clearly interpreted by law as a place of public use. This means smoking is prohibited here. Tobacco smoke not only disturbs residents passing through the entrance at that moment, but is also capable of penetrating into apartments on the landings.

And if in this case we have an instrument to combat smokers in the form of a law, then the pressing question remains: how to influence such neighbors? The fact is that to bring them to justice, evidence is required. That is, this fact must be recorded directly by a representative of the authorities, for example, a local police officer, or three witnesses must be presented. Agree, this is a rather labor-intensive process, and a smoker can categorically dispute eyewitness accounts, accusing them of bias and interest. The best option remains to establish contact and dialogue, positive agreements.

Is it possible to reach an agreement peacefully?

A peaceful method of resolving possible disputes is the most preferable. In order to prevent other people from suffering from smoking, it is recommended to provide designated smoking areas. This option is permitted by law.

For this purpose, a special area can be equipped at the entrance, in which there must be ventilation equipment that sucks in tobacco smoke.

It is in this situation that smokers and their neighbors will be comfortable, who will be completely protected from smoke.

Thus, smoking in one’s living quarters is permitted, the main thing is that the rights and legitimate interests of third parties are not harmed or violated. If a conflict arises, you can try to resolve the issue peacefully or contact government authorities with a corresponding complaint.

What to do if your neighbors in a communal apartment smoke?

Communal apartments remain a sign of our time today. Therefore, the question quite naturally arises: is it possible to influence smoking neighbors in a communal apartment? After all, this happens inside an apartment whose residents are shared owners. The question is often asked, what to do if neighbors smoke in a shared kitchen? As it turns out, here you can also defend your rights to a healthy lifestyle.

According to Article 41 of the Housing Code of the Russian Federation 1. Premises in a communal apartment intended to serve several rooms are common. That is, the kitchen, corridor, toilet and bathroom in such an apartment are common areas and the law banning smoking in public places may well be applicable to them. If you do not find a common language with your neighbors, then you will have to contact the local police officer to draw up a protocol on the fact of the violation. It will be good if you have evidence in the form of video recording, for example.

It’s another matter if your neighbors smoke in their rooms – you won’t be able to influence this, although it is objectively clear that the risk of continuing to breathe someone else’s smoke is very high.

Russians will be banned from smoking at the entrances of residential buildings

Advertising of services for writing term papers, diplomas and dissertations will be prohibited Yesterday, October 16, the State Duma in the third reading adopted changes to the law “On Advertising”, prohibiting advertising of services for writing final qualifying papers and other works related to certification in educational activities and in the field of science . Commenting on the bill, deputy G.

The Federation Council Committee supported amendments to the Criminal Code on fines for the dismissal of pre-retirement workers. The document will be considered at a plenary meeting on Wednesday???, October 3. Let us remind you that the State Duma adopted in the third and final reading a law that introduces into the Criminal Code an article “Unjustified refusal to hire or unjustified dismissal of a person who has reached pre-retirement age.” Sog.

What to do if neighbors smoke in the toilet?

The toilet is a public place for all owners. And, therefore, smoking in it violates the rights of other residents.

But often we are faced with a situation where, due to the architectural features of our apartment buildings, tobacco smoke spreads well through the ventilation ducts. And a neighbor who smokes and chooses the toilet as a place for his habit can cause inconvenience to many. Unfortunately, it will not be possible to influence such actions by applying the law. The only option is to come to an agreement.

Where to complain

The authorized bodies that can impose penalties and regulate legal relations between neighbors regarding smoking are the district police officer and the state housing inspectorate.

These authorities must be contacted with a written complaint, which is presented in free form and can be sent by mail or by personal appearance at the authority.

The procedure for considering complaints in this situation is regulated by the Federal Law “On the Police” and the Federal Law “On the Procedure for Considering Citizens’ Appeals in the Russian Federation.”

Options for solving the problem

We have looked at several of the most common cases when we become hostages of smoking neighbors and, accordingly, have every prospect of becoming passive smokers with all the ensuing health consequences.

What could be the ways to solve the problem?

Make your neighbors follow the rules

The law adopted in 2013 clearly outlined the ban on smoking in public places, which fully includes entrances, staircases and other common areas in apartment buildings.

Therefore, residents who are concerned about the presence of tobacco smoke have every right to demand compliance with this law. The tools for this can be different - from oral conversations and placing signs prohibiting smoking in public places, to involving representatives of law enforcement agencies to draw up a protocol on violation of order.

Negotiate with neighbors

Despite the existence of the law, we have to look at the situation objectively. You may well find yourself in a sad minority if all the neighbors of your building smoke and not everyone wants to meet you for purely human reasons.

Such a struggle with the majority may be ineffective. Therefore, in some cases it is necessary to look for other ways and the possibility of reaching an agreement. One solution could be to install a special place in the entrance for smoking, if the layout and size of the entrance allows this.

As an option, you can agree that smoking is not allowed on areas where children live in apartments. Variations are possible here - it is up to you to look for optimal solutions.

Come up with alternative solutions to problems.

If you can’t reach an agreement, then take independent measures to protect your home. You can install additional air filtration systems in your apartment and be sure to pay attention to fans for ventilation ducts with a check valve. This design will prevent smoke from entering your apartment. Also take care to seal cracks and cracks through which tobacco smoke can enter your home.

Legislation

The Federal Law “On protecting the health of citizens from the effects of smoke and the consequences of tobacco consumption” dated February 23, 2013 No. 15-FZ establishes the rules for smoking cigarettes and similar products.

The document is intended to protect non-smoking citizens from the harmful effects of passive smoking and discomfort from the unpleasant smell of smoke.

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There is liability for smoking in non-designated areas. The amounts of fines are prescribed in the Code of Administrative Offenses of the Russian Federation.

Where you can't smoke

The law provides a list where smoking is prohibited:

• on the territory of educational institutions of all ranks, preschool institutions;
• in places of cultural leisure: cinemas, theaters, shopping and entertainment centers;
• sports organizations: youth sports schools, stadiums;
• medical institutions: hospitals, clinics, boarding houses;
• public transport: trains, buses, planes;
• closer than 15 meters from the station building, airport;
• hotels, hotels;
• trading platforms: shops, markets, shopping centers;
• catering premises: restaurants, cafes;
• any government agencies;
• office rooms;
• territories of gas stations;
• beaches, playgrounds;
• other crowded places;
• common areas of residential buildings.

Smoking tobacco is permitted within special areas. The list of prohibited smoking areas is not final: regional authorities are allowed to supplement it.

Responsibility

Administrative liability is provided for smoking tobacco outside designated areas. A fine of 500 to 1,500 rubles is issued.

The fine for smoking on children's playgrounds ranges from 2,000 to 3,000 rubles.

The age of prosecution is sixteen years. If the offender is younger, he will be dealt with by a juvenile affairs inspector, and his parents will be held accountable.

The fine is imposed according to the standard scheme. A police officer or local police officer who arrives at the request of citizens draws up a report on the administrative offense on the spot. The fine must be transferred to the budget of the Russian Federation through the bank (within 60 days after the relevant resolution comes into force + 10 days for appeal).

Compensation

This is only possible by court decision. If a citizen experiences suffering from a neighbor’s constant smoking on the landing, this is a reason to initiate a lawsuit and demand compensation for moral and material damage.

The amount of the claim includes the cost of medications that were purchased to treat diseases caused by tobacco smoke. Compensation is also subject to moral damage, the amount of which the plaintiff determines independently.

The amount of compensation must be documented. In order for the court to make a decision in favor of the plaintiff, you need to thoroughly prepare for the hearing and collect a sufficient amount of evidence. It is necessary to establish a cause-and-effect relationship between the fact of a neighbor’s smoking and negative changes that affected health or property. This requires the results of medical examinations, receipts from the purchase of medicines, and air examinations.

IMPORTANT! The court can change the amount of compensation for moral damage at its discretion, so you need to carefully prepare for the hearings.

What evidence should I provide?

First of all, it could be smoke from a neighbor's smoking. Of course, it will not be possible to capture it or save it for later presentation to law enforcement agencies, but you can track what time a person usually goes out to smoke and call the local police officer at that time. If the very fact of smoking is not visible to the local police officer, then the smoke will be strong evidence.

The next item will be photographs and video recording. The face of the smoker should be visible on them, and it should also be clear that this is your entrance. It would be a good addition to clarify the shooting time; many phones have this function. However, it is important to consider that by taking photos and videos, you are invading the privacy of your neighbor, so the best option would be to record from a CCTV camera in your entrance.

Of course, you can fight smokers alone, but it is best to have supporters in this matter. Thus, the testimony of witnesses who can confirm that an offense has been committed will be a good help in initiating an administrative case.

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.

How to file a complaint

A complaint against a smoker must be made in writing in the form of an application addressed to the local police department. It is better if this statement is drawn up collectively by the residents of the house. It is important to list all the measures that have already been taken against the offender, as well as the harm he is causing you. Indicate in the application the time during which you have been “fighting” with this person, and also attach evidence confirming the fact of the offense.

There is a possibility that the local police officer will reject your application or ignore it. To reduce the likelihood of this situation occurring to a minimum, you need to take a responsible approach to filing a complaint, be clear in your statement, collect high-quality evidence, and describe the problem in detail. If these conditions are met, the district police officer’s decision will be made quickly and, therefore, the smoking neighbor will be punished.