The neighbor smokes on the balcony - to whom this situation is not familiar? Smoking interferes with neighbors on top and side, the tenants of the lower floors choke in the complaints - cigarette cigarettes and smoldering ashes enter their balcony, dirty underwear pollute, fly into open vents. The law on smoking on the balcony allows the neighbors to begin fighting smokers. About how to do it right, read in this article.
Smoking in his apartment: violation or not
By purchasing new housing, the buyer becomes the owner of the apartment, as well as balconies and loggias, which in this apartment are located. Each uses this area at its discretion: some insulate balconies and loggias, turning them into an additional living area, others arrange a green oasis there and admire blooming orchids.
The thrown cigarette can lead to serious consequences.
On some balconies are scary to watch - they turned their masters in trash dumps. But almost every balcony, smokers periodically appear.
As a result, burned matches, crumpled cigarette packs, ashes and cigarettes fly to the ground. On the way, this garbage flies to neighboring balconies, the uninterested cigarettes remain to smooth on neighboring carpets, which is not safe.
Fires from unintelligent matches and cigarettes are not at all uncommon. Smoking on the balcony do not tolerate neighbors, smoke clubs fall into their windows, where young children often live, sick people.
Especially terrible to smoke asthmatics and allergies, when inhaling tobacco smoke, with people with such diseases, may well be an attack or an aggravation of the disease.
Cigarette smoke patients with cardiological diseases, impairment of the bronchopulmonary system and brain circulation. So is it possible to smoke on the balcony of an apartment building? The answer to this question can give Russian legislation.
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Smoking laws
Russian law No. 15-FZ of February 23, 2019 provides a list of places where smoking is categorically not allowed. The law provides for the penalties for smoking in a banned place, their size ranged in the range from 0.5 to 3.0 thousand rubles.
Smoking in public places is strictly prohibited
With regard to apartment buildings, the law decided to prohibit smoking in common areas, which can be attributed to:
- Potions and staircases of residential buildings.
- Passenger and freight elevators.
- Premises for baby strollers.
- The premises of techpotion and basements.
- Attic, technical floors in high-rise houses.
- Storage for storage inventory.
There is no direct ban in this legislative act, therefore the decision is whether it is possible to smoke on the balcony of its apartment, it remains for the owner. That is, the balcony as part of the private own, does not consist in this list. In addition to the law from 2019, restriction on the use of personal balconies for smoking is also not established.
Perhaps, on this, the question of smoking on balconies and loggias of multi-storey houses can be considered exhausted, and a neighbor can continue smoking on the balcony? Do not hurry. Russian legislators returned to this issue in 2019 and 2019.
The Law on Smoker 2019
Starting from 2019, smoking on balconies is officially prohibited
Federal Law No. 15-FZ dated February 23, 2019 "On the protection of citizens' health from the impact of the surrounding tobacco smoke and the consequences of tobacco consumption" adopted a number of restrictive measures regarding smoking in all closed public places. In some cases, the prohibiting legislation applies to balconies that legislators in Russia attributed to public places.
It is impossible to smoke on common balconies of residential buildings, access to which is carried out from the entrance or general corridors of the apartment building. Balconies and loggias of hotel complexes are also included in the prohibitive list.
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The smoking penalty is provided in the following sizes:
- When smoking on a shared balcony - 0.5-1.5 thousand rubles.
- If juvenile children live in a residential building - up to 3.0 rubles.
After examining the provisions of the Federal Law No. 15, you can make sure that the full ban on smoking applies only to public areas. The private balcony in a private apartment does not apply to them.
Neighbors smoke on the balcony - how to deal with this phenomenon, if it bothers smoke, and constantly there is a threat of fire? Or nothing can be done, it remains only to tolerate this unpleasant data?
We recommend to watch a video telling about the punishment for smoking on the territory of the balconies.
How to make a neighbor do not smoke
If a neighbor does not agree to the peaceful resolution of the conflict, it is worth contacting the law
According to the Federal Law No. 15-FZ of February 23, 2019, it is impossible to smoke in public places, and on its own balcony. The allowing aspect seems to be present, but there are some clarifications.
Very often, multi-storey residential buildings are asked with combined balconies, when two balconies are separated by a conditioned partition. It is possible to smoke on your balcony, but if the partition between the adjacent balconies is low, thin, curly, patterned, then smoke through it perfectly penetrates the neighborhood.
Such a balcony cannot be fully attributed to personal territory. While one neighbor smokes on the balcony, on the other at the same time a newborn baby can sleep in the stroller, and this is already a reason for the dispute. If smoke is thorough to interfere with neighbors, they have the right to apply for the restriction of smoking on the disputed territory.
Often even a healthy person annoys a cigarette smoke, and even more annoying the cigarettes flying from above, because the open balcony can not be locked and constantly monitor its fireproof state. How to be in this case?
First, try to talk to the neighbor, because sometimes a person understands that his destructive habit should not interfere with the rest of the people. If the understanding is not achieved, and the neighbor refers to the permitted point of the law, try to contact Rospotrebnadzor with a statement of violation of sanitary and hygienic standards.
Best of all, if this statement is collective. It is much more difficult to prove the steady influence of tobacco smoke on health in court, because for this it is necessary to carry out a number of expensive expertise, lick certificates and conclusions from the attending physician. But it should not be lowered, especially if we are talking about children and sick people.
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Look at the video in which the lawyer comments on a similar situation.
A separate question about outstanding cigarettes diverting with an enviable constancy with a balcony of a smokers to your balcony. You can contact the police and fire protection, fix this phenomenon collegially, to make an act signed by the neighbors and the management company, take a picture of the cigarettes, remove their flight to the video. With such an evidence base, you can contact the court and solve the smoking problem on the balcony under the law.