Smoking law
Federal Law No. 15-FZ prescribes a ban on smoking in indoor and outdoor public places in order to protect the health of non-smokers, protect them from tobacco smoke and the consequences of using tobacco products. The main purpose of the ban is to protect the health of non-smokers and fire safety. Therefore, restrictions apply to public places in the presence of non-smokers.
The apartment is private property, which means smoking is allowed in your apartment. According to the decree, this should not harm the health of neighbors. Otherwise, they can write a statement to the Housing Office (Housing Maintenance Office) in their area of residence or to the police. To prove a violation of rights, neighbors can conduct expert diagnostics on the composition of the air in their apartment (non-smoking premises) and use this data in court. A medical report is also provided regarding the presence of respiratory diseases in non-smoking neighbors.
Is it possible to smoke safely in your private home?
A private house is the personal possessions of its owners, personal space and the absence of neighbors living in the same building.
Consequently, you can smoke both in a private house and on the area associated with it without any restrictions.
However, if there is a neighboring house near your home and its windows are adjacent to yours, your neighbor may prohibit you from disturbing his clean air with tobacco smoke. But only through the court, which, of course, is associated with certain difficulties. Not everyone here likes and can defend their rights in court.
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Is it possible or not?
Having studied the existing situation, we come to the conclusion that, according to the new law, smoking in an apartment is permitted if this apartment is owned by a smoker and the smoke does not harm others.
It is recommended to use a kitchen equipped with a good hood for smoking. This will help avoid unpleasant situations with neighbors. Monitoring the proper operation of the hood will prevent smoke from entering neighboring rooms, which can save you from a fine.
Can I smoke in the toilet of my own apartment? Yes. This room is not a common room. Any room in a private apartment is part of it and is not prohibited.
Smoking on the balcony of an apartment can be limited in two cases. First: when several private apartments have access to one common balcony. In this case, it is public and smoking is prohibited. Second: when smoking on the balcony causes significant harm to neighbors. In other situations, you can smoke on the balcony, since it is part of the apartment and is private property.
When smoking in this area, you must not throw a burnt cigarette over the railings into the street and create a fire hazard.
How to fine a smoker on the balcony
New fire safety rules, approved by Government decree of September 20, prohibit the use of open fire on balconies and loggias of high-rise buildings. Smokers hoped until the very end that we were talking only about barbecues, but the Ministry of Emergency Situations clarified: cigarettes are also prohibited, and administrative liability is provided for violators.
Balconies on fire
As the Ministry of Emergency Situations told the Parliamentary Gazette, last year over two thousand fires occurred on balconies, and in 60 percent of cases the cause of the fire was carelessness when smoking. At the same time, according to the director of the department of supervisory activities and preventive work of the department, Rinat Enikeev
, it was not possible to bring the culprit to justice.
After the amendments come into force, the truly guilty persons will be held accountable by law and compensate for the damage caused. Read on the topic
Vapes are going to be equated to regular cigarettes
Now for smoking on the balcony you can be fined up to three thousand rubles and up to five thousand rubles if a fire breaks out due to violation of the rules. If a balcony or several apartments burn down due to a thrown cigarette butt, criminal liability is already provided. At the same time, the Ministry of Emergency Situations emphasizes that the new restrictions are not aimed at combating smokers, but at reducing the number of fires and reducing the loss of life.
Press Secretary of the President of the Russian Federation Dmitry Peskov
noted that the Kremlin regards the new requirements as a fire-fighting measure, and not a way to protect smokers’ neighbors from tobacco smoke, and supports any proposals that save people’s lives.
Teniz Ospanov, a member of the Interregional Association of Constitutionalists, told the Parliamentary Newspaper
, from the point of view of the law, the new norm has no discrepancies with the civil rights of a smoker. “Of course, this somewhat narrows a citizen’s ability to exercise the legal right to dispose of their property,” he said. “But according to legal dogma, the limits of a citizen’s freedom end where they violate the freedom of another person.”
According to the expert, balconies and loggias are located in open space and are in contact with the balconies of other citizens. At the same time, Russians traditionally view these spaces as places to store old things, so a spark from a barbecue or smoldering ashes from a cigarette caught in the wind can cause a fire.
By the way, reports of violations can come both from neighbors and during raids by law enforcement agencies.
“We have to look for a balance of interests and choose what is more important for a smoker: to smoke on his balcony, and no one takes away the right to dispose of his property, or the safety of the whole house?” he stated.
At the same time, Teniz Ospanov noted that the resolution does not say anything about the apartment itself. That is, a citizen can smoke inside and use an open flame, for example, a gas stove. And no one will punish him for this.
How to spot a smoker?
According to Alexander Bashkin
, it is unlikely that it will be possible to punish for smoking on the balcony.
“The idea and logic of this norm is quite clear and adequate,” the senator told the Parliamentary Newspaper. “This is an apartment building, and from seemingly such a small thing as a smoked cigarette, many people can suffer. But you need to understand that any adopted law or norm must be provided with an enforcement mechanism. Otherwise, these requirements will not work.”
Alexander Bashkin. Photo: Yuri Parshintsev / PG
In this case, the parliamentarian noted, questions arise about how the state, regulatory authorities or voluntary assistants will deal with smokers. “It’s impossible to see a person smoking on a glass balcony on the 20th or 30th floor,” he says. “Or will this be done using drones or special watchtowers?”
It is also pointless to go around the apartments and check the loggias, since no one will open the doors to visitors without a court decision or the escort of a police officer. The inviolability of the home is guaranteed by the Constitution. Recently, the Ministry of Justice proposed allowing bailiffs to break into apartments during inspections of the condition of gas equipment or illegal redevelopment, but the initiative caused widespread public outcry.
“In fact, it is impossible to establish the fact of smoking on the balcony. Despite the usefulness of the Government’s proposal, the procedure for its implementation has not been thought out,” Bashkin concluded.
Rental apartment
Article 12 of Federal Law No. 15-FZ indicates a ban on smoking in certain premises designed to provide temporary housing, hotel services and temporary accommodation services. But in most cases, the ban is determined by the owner of the home. If he is not against smoking and allows the tenant to “smoke” in the premises, this is not a violation of the law and gives the tenant the full right to use cigarettes in the apartment. In this case, the same conditions apply as when smoking in your own apartments: do not harm the health of your neighbors, do not create a fire hazard.
And the management organization may suffer
One of the responsibilities of the management authority in order to properly maintain common property is to ensure sanitary and epidemiological measures, monitor the technical condition of apartment buildings and monitor fire safety.
After all, if, in the event of an inspection, Rospotrebnadzor or fire supervision authorities establish violations of fire safety rules, liability under Part 2 of Art. 6.25 of the Code of Administrative Offenses of the Russian Federation can also involve a management organization, HOA, residential complex or housing cooperative. The fines are quite large:
- for a legal entity: from 50 to 80 thousand rubles,
- for an official: from 20 to 30 thousand rubles.
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
Smoking is prohibited in many places in accordance with federal law. Therefore, a logical question arises - where can you smoke and what to do with neighbors who smoke. Let's try to sort this issue out.
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Communal apartment
On the issue of using cigarettes in a communal apartment, separate clauses have been introduced into the law. Article 12, paragraph 5 contains a ban on smoking in premises provided for temporary residence; Clause 10 prohibits the use of tobacco products in premises intended for common use within the same apartment building and in elevators.
In the case of a communal apartment, the kitchen, bathroom, corridor, balcony are premises provided for general use and are subject to the smoking ban. If a person rents a room in a communal apartment, it is not his property, and he has no right to smoke in it. If this room belongs to the resident, he can smoke while within this room. But in this case (if the room is not equipped with a good exhaust system), smoking can harm other residents of the apartment. Under these conditions, smoking is also prohibited in this room.
The only solution to the issue of smoking in a communal apartment is an oral agreement between its residents and the determination of the premises designated for smoking. It is also worth ensuring good ventilation in these rooms. This will help preserve the health of non-smoking neighbors and avoid fines and explanatory conversations with the police in the future.
Is it possible to smoke IQOS (IQOS) in an apartment?
Electronic cigarette smokers are interested in the answer to the question: is it possible to smoke IQOS (IQOS) in your own apartment?
Let's start with the fact that the peculiarity of IQO and GLO is the absence of smoke, strong odor, and most importantly, this smoking product is fireproof and prevents fire.
In addition, if you live in an apartment alone, then smoke for pleasure. But if other household members live with you, then this is a different question. Do you really want to ruin the health of not only yourself but also theirs?
It is legal to use IQOS (IQOS) in an apartment under one simple condition: it should not disturb anyone. That is, the smoke should not bother the neighbors. Otherwise, the apartment is a private area, so the decision is up to you.
How to resolve the issue
The issue of smoking in your own, communal or rented apartment can be resolved in several ways.
Method 1: establishing verbal agreements. When renting an apartment or a room in a communal apartment, you must immediately discuss the conditions for smoking in the room and determine the places designated for this process. If you are the owner of an apartment and there are dissatisfied neighbors, the issue can also be resolved through oral agreements on the time and place of smoking so that it does not harm any party.
Method 2: equip the room with a good exhaust system. If you are a smoker and do not want to spoil relations with your neighbors or harm their health, take care of installing a ventilation system.
If you are the injured party and the first method of resolving the issue does not work, you have the right to file a complaint with the municipal self-government system. In this case, an examination is required to confirm the harmful actions of the neighbors, and a doctor’s report on the health status of non-smoking residents.
The injured party can write a complaint to the housing office, the prosecutor's office, the district police department, or sue neighbors.
After accepting the complaint, smokers will have an explanatory conversation with the local police officer and the first warning about the upcoming fine. If the violator’s guilt is proven in court, he will face a fine of 500 to 1,500 rubles. If the violator is a minor, the fine will be in the amount of 2000 - 3000 rubles due to violation of the law on the sale of tobacco products to minors.
How to deal with neighbors and punish them with a fine for smoking
If you are annoyed by a neighbor from a nearby apartment with his acrid smoke, who regularly smokes a cigarette on his balcony, you will not be able to call the police and attract the pest. As we discussed above, the laws do not yet allow this.
What can be done in such a situation? Unfortunately, you can only try to convince your neighbor to stop smoking or sue him. Moreover, you can win such a case only if you not only do not like the acrid smoke from the neighboring apartment, but is also harmful to your health. That is, you have some health limitations associated with this harmful factor.
Now let's look at a different situation. The neighbor opens the door of his apartment every day, goes out into the vestibule, into the corridor, onto the stairs - and smokes there. As a result, the smoke from his cigarettes flies into your window or vent. Often such smoke is drawn into the cracks of even a closed window. What to do in such a situation?
The law banning smoking in the common areas of a multi-storey building allows you to call the police, who will bring the violator’s neighbor to justice and impose a fine on him. In case of repeated violation, the fine will be double. In case of systematic violation, the neighbor will face administrative arrest.
But to achieve this result, you need to collect evidence of your neighbor smoking in the wrong place. After all, by the time the police arrive, the neighbor may already be in his apartment. How to collect such evidence? Lawyer Gennady Efremov
Listen to the author of this site - lawyer Efremov. He talks about how you can overcome your smoking neighbor and make him stop smoking:
You can leave your question in the comments to the video, and the lawyer will quickly answer it!
Smoking is bad. But this habit can benefit the management organization. First of all, the owners will complain about their neighbors to the management organization and to the district police officer. This is a great chance to build your reputation as a caring company.
Today we will tell you about the rules of smoking in apartment buildings.
Where you can't smoke according to the new law 2019
Despite the fact that Federal Law No. 15 came into force back in 2013, some questions still remain open. In particular, we are talking about electronic cigarettes - does the law apply to them and electronic hookahs? The result of numerous discussions and debates in 2015-2016 was the emergence of changes to the law, which have already been considered, equating electronic cigarettes with tobacco products. This means that in 2020 they will be fully covered by the law.
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Anti-tobacco law: where you can and where you can’t smoke
According to him, rooms are rented out in 80% of St. Petersburg communal apartments. And they are often rented by antisocial individuals and criminal elements. Living conditions for neighbors are deteriorating, as tenants treat housing as a temporary shelter and often violate sanitary standards. In addition, communal apartments are often not occupied precisely because the rooms in them are profitable to rent out. If it becomes more difficult for owners to rent out a room, these apartments will be occupied faster, the author of the bill is convinced. Makarov also believes that after the adoption of this law, people will stop buying rooms in communal apartments for the purpose of investment and rental. Now many people buy rooms in communal apartments, since they are more profitable to rent out than apartments. The bill will help protect the interests of room owners and will facilitate the resettlement of communal apartments.
However, the current regulations do not mention smoking in a communal apartment at all . However, if a smoker causes discomfort to his neighbors, they have the right to demand that he stop smoking, or they can turn to the local police officer for support. However, this is the most extreme option, and analysts still recommend trying to negotiate with smokers peacefully.
Video
Is it legal to smoke in your apartment?
DO YOU WANT TO QUIT SMOKING?
Then come to us for a marathon on quitting cigarettes. With its help it will be much easier to quit.
Russia, along with other countries of the former USSR, has a huge number of communal apartments. In Soviet times, with the help of communal apartments, the housing problems of millions of citizens were solved, and thousands of Russian families still live in similar conditions. Life in a communal apartment has its own characteristics. And if you decide to purchase a room, you need to know what rights and responsibilities you will face.
How long can guests stay in a communal apartment legally?
The length of stay is not limited by law. However, your rights as a participant in common property, as the owner of public places, are undoubtedly affected by this situation. I suggest you contact them with a written warning not to allow such behavior in the future. Indicate that if they do not change their behavior, you will go to court with a claim to remove the obstacles to the use of your property.
Based on Article 24 of the Federal Law on Citizenship of the Russian Federation in this article of the Constitution of the Russian Federation, not a single notary refuses to challenge it in court, to which he turns to the notary with an application to accept the inheritance. If the parties to the will did not invest their rights by virtue of this share, then you do not have the right to file a claim in court for recognition of the right of ownership by inheritance on the basis of paragraph 2 of Article 31 of the Housing Code of the Russian Federation: Article 1149. The right to an obligatory share in the inheritance Civil Code RF Chapter 63 Article 1149 1. Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, subject to being called to inherit on the basis of paragraphs 1 and 2 of Article 1148 of this Code, inherit, regardless of the contents of the will, at least half of the share, which would be due to each of them upon inheritance by law (mandatory share). Sincerely, Svetlana Vladimirovna Alexandrova 67452 size 30 Additional consultations for a fee. Aisylu
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How to sell a room in a communal apartment, do you need to notify neighbors?
When selling rooms in a communal apartment, you need to remember the provisions and recommendations of Article 250 of the Civil Code of the Russian Federation. It states here that neighbors in the communal apartment will have a pre-emptive right to purchase.
Thus, if the owner decides to sell his share in a communal apartment, he is obliged to notify his neighbors about this, who can exercise their pre-emptive rights at any time. Moreover, this must be done in writing.
If neighbors do not want to buy out the share, they must write a written refusal. In the case where there is no written refusal, it is better to send written notices of sale to their names. This way, if problems arise, the owner will be able to prove that all neighbors were notified about the sale of the room.
Living in communal housing
Every resident of a communal apartment must understand that he does not live alone in this room and one of the residents may suffer from his negligent or intentional actions. Another common problem that causes a lot of disputes is the use of an apartment for other purposes.
How to rent out a room in an apartment. Privatized and non-privatized rooms.
In accordance with Art. 246 of the Civil Code of the Russian Federation, the disposal of property in shared ownership is carried out by agreement of all its participants. Therefore, before concluding a rental agreement, you should still obtain the consent of your neighbors, and in writing.
Not so long ago, electronic smoking devices entered the everyday life of smokers. Electronic cigarettes do not use standard tobacco, they use a glycerin flavored substance with added nicotine. Such devices do not produce smoke, but produce steam.
Is it possible to smoke in the toilet of your apartment?
Please remember that a private apartment does not belong to the category of “places of public use”.
In this case, you can talk to your neighbors and try to explain the essence of the complaints.
Tell them that all the smoke from cigarettes goes into the apartment and is harmful to health; children are deprived of clean air; remind them of possible diseases associated with passive smoke inhalation. Talk about the law, which includes an article on smoking in public places. Usually tobacco lovers stop this activity, but there are situations related to judicial practice.
