How to deal with neighbors smoking in the entrance?

Many smokers are interested in whether it is possible to smoke in the entrance, for example, according to the new law 2019–2020. 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.

landing

Law on smoking in entrances 2020

All-Russian Law No. 15-FZ was adopted in 2013 and caused a wave of indignation. But over the 7 years of his action, Russian citizens have adapted to the new rules. The text of the law contains a list of places where smoking is prohibited. Residents of apartment buildings are concerned with the following items from the list:

• staircases;
• floor halls;
• elevator cabins;
• shared balconies;
• fire exits;
• local areas;
• children's and sports complexes;
• storage rooms and strollers;
• attic and basement floors;
• Technical buildings;
• underground parking;
• garbage collection chambers;
• other premises accessible to all residents.

Near an apartment building

Smoking on the street is prohibited by amendments of 2020. From the same year, smoking in front of children is prohibited. In 2020, the first fine was recorded for smoking in one’s apartment. A resident of Novosibirsk sued his neighbor, who often went out to smoke on the balcony, and won the case. This was in 2020, even before the official ban on lighting fires on loggias and balconies.

In 2020, amendments were adopted banning tobacco smoking in the common areas of communal apartments. Common areas are the toilet, bathroom, corridor, kitchen and dining room, storage room and other utility rooms.
Residents of communal apartments can now only smoke near the window in their personal rooms.

Balconies and windows are the most painful place

“It is necessary to ban smoking on balconies and through open windows” Alexey: “It is necessary to ban smoking in apartments and on BALCONIES! Residents living on the floors above suffer from this! When my alcoholic neighbor downstairs lights a cigarette made from his own stinking socks on the balcony, my wife and I have to run around the entire apartment and close the windows to protect ourselves and our little son from the toxic stench! Moreover, this alcoholic neighbor also smokes at NIGHT! But in a dream, a person does not feel the smell of smoke, and I also don’t want to close the balcony at night, since we live on the top floor and the apartment is very hot, so we have to breathe in its stench at night. In response to requests and persuasion not to smoke on the balcony at night, the neighbor only smiles and sends us to hell with the words: “This is my balcony! I do whatever I want." Ekaterina: "In my family there are two minor children and not a single adult who smokes! Family of six. And if in winter the windows are closed, then in summer they are open and all the smoke from the lower, side loggias is drawn into our apartment. Sometimes people smoke in groups and being in the room becomes unbearable. I am for the fact that if they smoke, then let them smoke without opening their windows, so that their smoke remains in their apartment, and does not fly into the apartments of people who do not smoke.” Katya: “Ban smoking on loggias, on balconies with open windows ! Let all the smoke remain in their apartments. But no, they smoke up to their waists, climbing out of the window so that it doesn’t get to them, and you, neighbors, breathe! Such a law must be mandatory so that it really works, so that the Kurds don’t send me away when I make a remark, but quietly poison themselves and their relatives without disturbing the health of non-smokers.” Valera: “The balcony and room are private property. But let's ban people from smoking while leaning out of a window or from a balcony. Those. the cigarette should not be outside the perimeter of the window or balcony fence, i.e. You cannot smoke with your face with a cigarette outside the walls of a window or balcony. It's impossible to ventilate this. My child sleeps during the day. Before he goes to bed, I open the window or balcony so that he can sleep fresh later. So it turns out it would be better not to open it, it got worse from smoking on the lower floor. Let's solve the problem of smoke from smoking neighbors entering someone else's apartment. It’s as if this is already beginning to violate my rights, and the rights of a smoker should end where he begins to violate other people’s rights.” Valera: “My neighbor smokes in the toilet. Every hour at least. It is impossible to go to the toilet, as it is drawn through the hood. I contacted TS and they said this is normal. Is it normal that there is smoke from smokers in your apartment? Let's ban smoking in toilets then. Let them smoke in their hallway then.” Andrey: We live in a communal apartment (we own 2 rooms and 1 with neighbors), the neighbors in the kitchen constantly smoke, and we have a small child, my wife cannot leave the room (there is no one with the child) leave him, and there’s nothing to breathe in the kitchen) he can’t even cook food for us or the child. Please add shared kitchens in apartments to the list of non-smoking places.”

Is it possible to smoke on the landing?

People with nicotine addiction should remember that smoking on the landing of an apartment building is prohibited. There was an exception to this rule, but it has already been eliminated. Since July 24, 2020, the anti-tobacco law prohibits smoking vapes and other electronic cigarettes, including in hallways and on stairs.

Ashtrays in the entrance of a residential building

IQOS and hookahs have been banned before because they are used to heat tobacco. And according to the law, the use of tobacco in entrances is not allowed. Experts believed that one day the law would be amended to ban vapes and e-cigarettes. And now we see that this forecast has come true.

Rules governing order in the entrance

In addition to the fact that garbage in the entrance is not a very pleasant sight, its presence is prohibited by the legislation of the Russian Federation.

The Federal Law “On the Sanitary and Epidemiological Welfare of the Population” states that all residential premises, including the entrance, must comply with the established rules. The premises must be kept clean. It is prohibited to place garbage in public places. Systematic violation of these rules can lead to the spread of dangerous pests and, as a result, infections.

According to the Housing Code, for violating the established rules, a person is charged a fine of 4,000-5,000 rubles.

In addition, the presence of garbage is prohibited due to fire safety regulations. According to these requirements, residents do not have the right to:

• Without permission, build makeshift storage rooms in stairwells, store large furniture, building materials, flammable and combustible substances in them;
• Block emergency exits with foreign objects (this includes stairs, balconies, exits to fire escapes, etc.).

It is also prohibited to store old furniture, unnecessary personal items and household utensils, doors, boards, flammable materials and any construction waste in the entrance. Everything must be immediately removed to the appropriate places.

As for violations of fire safety standards, the first time residents can get off with only a warning. For repeated or further violations, a person is charged a fine of 1,000 to 1,500 rubles.

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 2019–2020, now let’s go further. 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.

Where else you can't smoke

Current legislation prohibits smoking in public places. These include:

• territories of stations, airports, railway platforms;
• trains, planes, ships for passenger transportation;
• shops and other commercial establishments;
• hospitals, clinics;
• sports grounds;
• schools, other children's institutions;
• stadiums;
• hotels, offices;
• any children's playgrounds;
• markets, retail outlets;
• entrances of residential buildings.

Smoking is prohibited in communal apartments. Tobacco should not be consumed in the kitchen, hallway, bathroom, that is, in those places where all residents of a communal apartment are periodically located. Smoking in these areas may also result in a fine.

Requirements for areas for smokers

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.

Clear evidence procedure

Alexander: “Please be sure to prohibit smoking in the apartment, on the balcony, if it harms others (the neighbor asked not to smoke). And provide a clear procedure for collecting evidence (for example, allow video recording, determine the procedure for calling specialists who can install equipment that registers smoke vapors, another procedure). I understand that you can smoke one cigarette, but you can’t smoke in packs. At the moment I am trying to resolve an issue with a smoking neighbor: an absolutely inadequate person, he responds to comments with complete indifference, and chuckles in response. Perhaps it is necessary to provide for a complete ban on smoking in these places.” Vasil Vlad “In Los Angeles, smoking was banned in apartment buildings where more than a hundred people live, ITAR-TASS reports. Residents of such buildings are instructed to immediately stop smoking not only in elevators and hallways, but also in their own apartments, on balconies, and even while sitting in a parked car. The fine for violating the established order will be $125.”

Smoking laws in the constituent entities of the Federation

Regional authorities have the right to pass their own laws restricting smoking. The majority of regional heads supported the federal law and did not introduce relief for smoking citizens.

On the balcony

In which cities is smoking prohibited in hallways and stairwells (list of examples):

• Moscow and Moscow region;
• St. Petersburg (SPb);
• Nizhny Novgorod;
• Krasnoyarsk and Krasnoyarsk region;
• Omsk;
• Permian;
• Mound;
• Samara;
• Tomsk;
• Tula;
• Ufa;
• Chelyabinsk;
• Cherepovets.

If your city is not on the list, this does not mean that you can smoke wherever you want. You can check what prohibitions and restrictions apply in the city on the local administration website.

Legal norms

Public places since February 23, 2013 (in accordance with 15-FZ from the specified date) have become a prohibited area for smoking cigarettes.

This regulation also covers all entrances that can rightfully be considered public places (since many people pass through them to their apartments).

The list of prohibited smoking areas includes not only entrances - smoking is prohibited:

• on technical floors, attics;
• in elevators, corridors, basements;
• on stairs and landings.

Therefore, smoking is prohibited in any area inside the home that is public. This rule does not apply to apartments.

Responsibility

For smoking in entrances and other public areas of the building, as well as for smoking in public places on the streets, administrative liability is provided, which takes the form of fines, the amount of which varies according to the severity of the violation.

Thus, with the introduction of 15-FZ, those who like to smoke in entrances, on landings and stairs (and other previously specified areas) will have to fork out for fines.

Fine for smoking in the entrance of a residential building 2020

Smoking in unauthorized places is regarded as an administrative offense. The act entails liability under Article 6.24 of the Code of Administrative Offences. This article does not provide for such a preventive measure as a warning. Penalties will be imposed for the first violation of the law, even with repentance and admission of guilt.

Smoking law requirement

The allowable fine amounts are shown in the following table.

The amount of the fine is determined by the police officer. The size of the penalty is affected by the behavior of the offender and the category of violation (first and repeated). You can pay the fine in cash or by money order. For repeated violation of the law or for failure to pay a fine, a more severe punishment may be imposed, up to 15 days of arrest.

Where to complain about smoking neighbors

First, try to negotiate peacefully with your smoking neighbors. You can print leaflets asking “no smoking” or post notices about fines for smoking. A sample of a “no smoking” sign can be found on the website of the Russian Ministry of Health. At each entrance to the building there must be a sign prohibiting smoking from the management company.

Cigarette butts on the staircase of a residential building

As a rule, the prohibition sign is located on the ground floor on the notice board.

You can hang up more leaflets with your own hands in the area where the offender lives.

How to make an application

If neighbors do not respond to conversations and leaflets, then the fight moves to the next stage. When your words are not listened to, you can complain to the police. What should be written in the text of the complaint:

1. The address at which the act was committed.
2. Time and frequency of smoking on the staircase of the apartment building.
3. Other circumstances of the offense.
4. Address and full name of the offender, if known.
5. Facts confirming violation of the law.
6. If available: certificate confirming asthma, bronchitis or allergy to tobacco smoke.
7. Please conduct an investigation and bring the culprit to justice.
8. Your full name and contact phone number.
9. Contacts of neighbors who can act as witnesses.

Opposite a residential apartment

It is mandatory to provide your contact information. An anonymous police report will not be accepted. Contacts of the local police officer assigned to a residential building can be clarified by calling the hotline 112, 102 or 02, or on the website of the Ministry of Internal Affairs.

The application can be taken to the police and handed over to the local police officer or sent by certified or registered mail. In this case, you will receive a notification that the letter has been accepted.

How to collect evidence of violation of the law

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.

Staircase of a multi-storey building

If your local police officer is inactive

The district police officer must consider the application 30 calendar days after accepting the complaint. He has the right to order an additional check if he considers that the evidence is insufficient. Verification also takes 30 days. If 60 days after the application the violator does not receive a fine, you should complain to the prosecutor's office. To leave a request, you need to go to the website of the Prosecutor General's Office.

How to punish a smoker, where to complain

Users often have questions about where to complain about smoking neighbors. You can complain about smokers to the housing department or to law enforcement agencies by filing a complaint directly with your local police officer. However, just one complaint will not be enough, and therefore it must be supported by a certain evidence base:

1. Testimony and involvement of neighbors in legal proceedings.
2. Photo and video recording of the violation. But even here there will be some nuances. So, the photo or video should clearly show the smoker’s face and the location of what is happening (for example, a corridor). And do not forget that filming can be done with the permission of the smoker. Otherwise, it will be impossible to prove your case.

However, if the smoker is on his balcony, any evidence will be ignored. Here you will have to go to court and prove that your neighbor’s actions violate your rights and cause discomfort.

How to write a statement to a local police officer about smoking neighbors, sample

If you want to write a statement against a smoker to the local police officer, you need to remember its main content. Thus, the complaint must contain the following data:

• personal data of the applicant;
• the reason for the application, in particular, how the neighbor’s smoking bothers the applicant (unpleasant odor , problems with the respiratory system, constant garbage, etc.);
• the smoker’s reaction to numerous comments;
• a brief description of the problematic situation, including an indication that the smoker was asked to pay attention to the complaints;
• a request to investigate this application and take all necessary measures.

You can view the current smoker application form by following the link. ⇐

Fines

You can stop smoking with the help of the state. The main measure of liability for smoking in public places is considered to be monetary fines specified in Article 6.24 of the Code of Administrative Offenses of the Russian Federation. In particular, the administrative code provides for the following penalties:

• absence of a sign prohibiting smoking in a public area – 20,000 Russian rubles;
• illegal advertising of tobacco products – from 1 to 2 thousand rubles;
• smoking in a prohibited place – 500 – 1500 rubles;
• smoking near playgrounds and educational institutions – from 2 to 3 thousand;
• sale of tobacco products to minors - 3-5 thousand rubles for the seller, 50,000 for the owner of the outlet;
• smoking by a minor will entail a fine to his parents in the amount of 500 to 1,500 rubles;
• promotion of smoking among children thanks to the actions of their parents – 2-3 thousand rubles.

What to do if a neighbor smokes in the apartment and the smell bothers you

The law allows citizens to smoke within their own apartment. But if the smell and smoke disturb the neighbors, then they have the right to make comments and contact the police. Tobacco smoke can enter someone else's apartment through windows and balconies or through the ventilation system in the kitchen or toilet.

Neighbor in the apartment

Find the source of the odor and smoke:

1. If a neighbor smokes on the balcony, you should contact the police. Since 2019, there has been a decree that prohibits lighting a fire on a loggia or balcony.
2. But if a neighbor smokes in their rooms, you cannot punish him for it. The ventilation in the house is poor.

A complaint about poor ventilation should be filed with the management company. Employees of the organization must check the ventilation system, eliminate blockages and other problems. If the organization is inactive, you need to file a complaint with Rospotrebnadzor and the State Housing Inspectorate. This is how you can make the organization work.

How is punishment carried out?

There are often cases when neighbors living in apartment buildings suffer from neighbors who smoke. They have to periodically breathe in harmful cigarette smoke. Almost never, persuasion and requests bring any benefit. Therefore, other methods have to be used to stop such activities.

Law enforcement officers (police) for these offenses may impose a fine or use other prohibitive methods allowed by law to discourage bad behavior. Not only police officers, but also the fire service and Rospotrebnadzor can impose fines on legal entities.

There are often cases when residents of apartment buildings have to suffer from the fact that their neighbors regularly smoke in the entrance. In order to stop this and hold them accountable, you need to do the following:

• make a sign stating that smoking is prohibited on the premises;
• record the fact of smoking on camera or take a photograph (the quality must be high);
• invite at least two witnesses who must confirm that smoking actually took place;
• Contact the police in writing, attaching materials; they will provide a sample.

Law enforcement officers are obliged to respond to this fact and take measures to suppress violations. They must arrive at the citizen’s place of residence and draw up a report with the presentation of evidence. You can simply write a statement about your neighbors’ systematic smoking without providing evidence. The police must investigate. The district police officer must combat this problem and make a round of all residents who break the law.

It is allowed to be held accountable more than once. It is necessary to record cases of violation of the law and call the police with a complaint.

In this case, a fine may be imposed for each fact. Then you will have to pay serious money. To prevent conflict situations with neighbors, you need to use various methods.

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.

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.