Since 2013, the Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” (No. 15-FZ) has been in force in Russia (link to the law in the Consultant), which makes it possible to actively combat smoking in public places, affecting administrative measures against violators. The legal act regulates the list of places where the use of any tobacco products is not allowed - it also includes the entrances of apartment buildings. Conscious citizens who care about their own health can now independently influence the violator of public order. To effectively counteract violators of public order, it is necessary to know what responsibility is established for smoking in the entrance, and for caring people - what algorithm to follow in the fight against malicious smokers.
Is it possible to smoke in the entrance
No. 15-FZ establishes the procedure for protecting the health of citizens as follows:
- Article 9 (link to the article in the Consultant) regulates the right of any person to prosperous living conditions;
- clause 10, part 1, article 12 (link to the article in the Consultant) establishes the impossibility of smoking in any common areas of apartment buildings;
- Parts 2 and 5 of Article 12 (link to the article in the Consultant) determines where smoking is allowed without legal consequences;
- part 6 art. 12 (link to article in Consultant) expands the competence of the municipality, allowing to increase the list of places where tobacco use is prohibited through the development of local regulations.
According to the listed articles, a smoking ban is established not only in the entrance of a residential building, but also in any area used by all residents (for example, corridors, elevators, common landings of staircases).
Also, if you have doubts about whether it is possible to smoke on a balcony (including an adjacent one) or whether it is possible to punish a neighbor for such actions, read the article “Neighbors smoke on the balcony - smoke goes into the apartment.”
No. 15-FZ also regulates the ban on smoking in attics, basements and technical rooms, which are the common property of residents of an apartment building.
The purpose of such a restriction is not only to protect the health of residents, but also:
- providing fire protection in an apartment building;
- reducing the percentage of smokers;
- encouraging healthy lifestyles, especially among children and youth.
Is it possible to smoke electronic cigarettes and IQOS in the entrance hall?
In 2021, the law banning smoking in the entrances of residential buildings and other public areas applies to products made from tobacco (in whole or in part):
- cigarettes;
- cigars;
- IQOS (IQOS - tobacco heating system, consists of a charger and holder).
Electronic cigarettes are not on this list, which means they can be used in public places without legal consequences. (In 2021, it is planned to equate electronic cigarettes to regular cigarettes.)
However, it must be taken into account that, despite the absence of punishment for smoking electronic cigarettes in the entrance, such behavior contributes to the promotion of a bad habit among the population. Therefore, activists are working to achieve restrictions on the use of any smoking devices in public places, including children and teenagers.
Basic restrictions
According to Federal Law No. 15, adopted in 2013, smoking in public places is prohibited . If we consider specifically the territory of an apartment building, then you cannot smoke in the entrance hall, under apartment windows, in the elevator, near the entrance to the building.
Smoke from all these areas can enter apartments and be breathed in by other people living in the building.
This is unhealthy and creates a feeling of discomfort. There must be specially designated smoking areas located away from the building.
But if there are a lot of smokers in the house, they can set up a place for themselves in the entrance, making sure to install a hood or ventilation system there. Such a place must meet all fire safety standards.
Exhaust or ventilation is installed at the expense of smokers. The place can be checked by the relevant commission; if it reveals shortcomings, smokers will pay a fine.
ATTENTION! The decision to allocate a place in the house for smokers must be made at a general meeting of residents.
Only all apartment owners and residents can decide whether they agree to such a step or not. When arranging a place, smokers should only use it, without further violating the rules of living together in the house.
When can you complain about a neighbor for smoking in the hallway?
When planning to actively fight against smokers in inappropriate places, it is necessary to take into account the long-term nature of the neighborhood with a tobacco lover. In order not to provoke various conflicts in the future, it is advisable to find a compromise in this situation.
A calm dialogue is also necessary because the smoker may not assume that his tobacco smoke is bothering someone.
Therefore, when deciding what to do if neighbors smoke in the entrance, you need to start with dialogue and explanation of your own position.
Next, you can print out a notice that smoking is prohibited in the entrance, indicate the amount of the fine for non-compliance with legal norms, and place the sign so that all smokers can see it.
It is important to compose the most correct text without threats with references to legislative acts - the Code of Administrative Offenses of the Russian Federation and No. 15-FZ.
If the above methods do not give the desired result, you can complain about your intractable neighbor to the competent authorities.
Legislative news: November 2021
The Russian Ministry of Health has developed a new anti-tobacco program, which is aimed at reducing the number of smokers in Russia. Thus, in the near future it is proposed to consider a bill banning smoking under threat of administrative liability in such places as:
- communal apartments;
- in cars (both their own and those belonging to individuals, organizations, etc.);
- at public transport stops (no closer than 3 meters), as well as at the entrances to shopping and entertainment centers;
- in pedestrian crossings;
- in the presence of children.
Let us remind you that smoking is still allowed in the listed places. A separate point of the program raises the issue of banning hookah smoking in public institutions.
The Ministry of Health program also includes other measures aimed at combating bad habits. It is well known that in Europe cigarettes are noticeably more expensive than in Russia, which is partly explained by the high cost of excise taxes on tobacco products. Currently, the excise tax rate in our country is just over 40 rubles per pack, while in European countries it exceeds 110 rubles. The Ministry of Health of the Russian Federation considers it necessary to increase the amount of excise taxes to a level not lower than European ones - this is how the department plans to get rid of the bad habit of the most economical smokers. The changes are planned to be introduced before 2022.
Where to complain about a neighbor for smoking in the entrance
If the dialogue does not bring results, and the announcement about the prohibition of smoking in the entrance is ignored, the first place to contact with a statement that people are smoking in the entrance is the local police department.
Upon receiving the complaint, the district police officer will talk with the offender and draw up a protocol (which, if necessary, can be used in court).
The effect of contacting the police will be greater if you draw up a collective petition.
The district police officer is obliged:
- register an application;
- verify these facts;
- make a decision to initiate an administrative case or reject the application (in accordance with Article 23.3 of the Administrative Code).
If a local police officer does not want to take any action to ban smoking in the entrance of an apartment building, it is worth filing a complaint against him and protesting his actions with senior management or immediately sending a statement to the prosecutor’s office. You can also resolve the issue in court.
If neighbors smoke in their apartment
As a general rule, the law does not provide for bringing any liability to a smoker who smokes in his own home. You should always consider the possibility of applying legal norms in each specific situation:
Neighbors smoking in the toilet
Because of this, in older buildings (and sometimes in new apartment buildings), an odor may appear directly in the apartment of non-smoking residents. So, if the ventilation system covers several apartments at once, cigarette smoke may well appear in the neighbors’ bathroom, and the reason for this is smoking in the toilet of another apartment.
In some cases, the ventilation system is clogged with debris, its length is not sufficient to provide draft, and there are other reasons for the appearance of smoke from neighbors.
Since there are no grounds for liability for smoking on private property , it is worth thinking about technical elimination of smoke.
Decree of the Government of the Russian Federation No. 410 establishes that the condition of ventilation ducts must be checked at least once every 3 years, and this responsibility lies with the HOA or management company, depending on the chosen method of managing the house. Therefore, you need to write an application to the HOA/MC to check the ventilation of the entire house and remove debris, dust, etc., ensuring proper air distribution. The ideal option would be a collective statement from all non-smoking residents. If you ignore the letter, you can appeal the actions of the management company or the chairman of the HOA to the prosecutor's office, the housing inspection, Rospotrebnadzor or the court.
If it is not possible to eliminate ventilation deficiencies by attracting the attention of the HOA or management company, you can install a ventilation grille with a check valve. Many residents equip the bathroom ventilation duct with a fan, which turns on simultaneously with the light.
Violation of the smoking ban in the toilet of a communal apartment deserves special attention - the provisions of Art. 6.24 of the Code of Administrative Offenses of the Russian Federation, since the bathroom of a communal apartment fits the concept of a public place.
Neighbors smoke on the balcony, but the smoke goes straight into your apartment
Parents of small children often complain about such smokers, whose children's room is located directly under/above the window or balcony of a smoking neighbor. Sometimes the problem of tobacco smoke is compounded by the problem of ashes or cigarette butts getting onto the balcony, which are carelessly thrown by a cigarette lover.
It follows from the norms of housing legislation that the balcony slab does not belong to the property of the tenant, but balconies cannot be recognized as common property of the house. Therefore, judicial practice follows the path of ownership of balcony meters to the owner of the apartment to which they are adjacent. It follows from this that a person smoking on a balcony cannot be held accountable, since he does not smoke in a public place .
However, there are the following options for resolving the problem:
- contact the apartment owners if they rent out the property. Explain how you are suffering and are forced to raise this problematic issue because you have a certain disease, cannot stand smoke, and your linen is spoiled by ash constantly falling on it, etc. Usually such conversations lead to the desired result - none of the landlords wants to raise the issue of paying taxes on profits, the legality of registering residents, etc.;
- If no persuasion helps and you (or your family members) have been diagnosed with a ban on passive smoking, you can apply to the court for compensation for damage to health. So, if a child suffers from asthma, allergies or bronchitis, if there is evidence (video materials of smoking), it will not be difficult to prove in court that the smoker caused harm to the child by collecting a certain amount. Let the size of the payment not be large, but for a smoker even this fact will be extremely unpleasant, affecting his further behavior;
- renovations can be made, including the installation of the latest generation of insulating materials, filters and cleaning equipment. You can imagine how costly this will be, but for the sake of eliminating the smell of cigarettes in the family’s life, many still decide to make such changes, since this will solve the pressing problem once and for all.
Update 11/30/2017: The Supreme Court of Russia satisfied the demands for compensation for moral damages for inhaled smoke from the cigarettes of a neighbor smoking on the balcony. Read more here.
Complaint about a smoker's neighbor (sample)
A complaint against a tobacco lover must be drawn up in free written form with mandatory compliance with the norms of business correspondence. The document must indicate:
- details of the local police officer in whose name the complaint is being filed;
- the essence of the appeal is a request to influence the violator of public order, listing the inconveniences that the smoker’s behavior creates;
- a description of the actions that were taken to solve the problem yourself;
- evidence of ignoring the requirements for public order - with recording of the time during which the smoking restriction is not observed;
- date and time of filing the complaint;
- applicant's signature with transcript.
We advise you to read: “Application to a district police officer against unlucky neighbors: pitfalls, writing samples.”
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The document should be drawn up in 2 copies. When filing a complaint with the police, you must obtain an acceptance mark on the second document.
Possible consequences
Most often in 2021, an administrative fine is imposed for smoking in the entrance of a residential building.
The amount of the fine for smoking in the entrance is regulated by Part 1 of Art. 6.24 of the Administrative Code and can range from 500 to 1500 rubles. It should also be taken into account that what fine will be imposed for smoking in the entrance depends on the number of offenses.
Unintentional violation or lack of information about the limitation of the prohibition is not a basis for exemption from liability.
No. 15-FZ applies to the entire land plot on which the building is located.
This means that smoking near the entrance of your residential building is also punishable. To avoid a fine for smoking near an entrance, the distance to the entrance must be at least 15 meters.
Smokers over 16 years of age are subject to administrative penalties.
If the violator of public order is a teenager, the district police officer records his age and sends the protocol to the commission on juvenile affairs. Depending on the results of the consideration of the violation, it may be registered.
How to negotiate with smoking neighbors, creating a special territory
The best option is considered to be situations where scandals and squabbles do not affect all residents of apartment buildings. Therefore, first of all, you need to try to come to an agreement with the smoking neighbors, against whom the rest of the residents have rallied.
Remember that it is impossible to stop your neighbors from smoking. The most effective option is the proposal to allocate a special smoking area, where smoking residents will practice their bad habit. The room must have good ventilation and be insulated. You will also need to install special symbols.
Step-by-step instructions for dealing with a neighbor smoking in the entrance
Residents who are worried about how to deal with neighbors smoking in the entrance should follow the following algorithm:
- Talk calmly with tobacco lovers - explain the inconvenience that arises from cigarettes, point out the ban on smoking in the entrances of residential buildings, which is in effect at the state level.
- Make signs prohibiting smoking at the entrance and install them in the most visible places.
- Collect evidence of prohibited actions by installing surveillance cameras and/or inviting a concierge.
- Send a complaint to the police in person or call the local police officer by phone.
- Residents should hold their own general meeting with the drawing up of a protocol on the impossibility of smoking in the entrance or a requirement to use specially designated areas without harming the health of neighbors from tobacco smoke.
- Apply to the management company to reconstruct or replace the ventilation system in the entire building. After this, cigarette smoke will not enter the apartment, even if they smoke right under the door.
All these options on how to stop neighbors from smoking in the entrance are legal. They can be used both in strict order and in random order.
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!
