“I open the balcony to let some air in, and there’s a stench of cigarettes.” Can you get a fine for smoking on the balcony?

Although it might seem that apartment dwellers are used to compromises, the issue of smoking on the balcony seems to generate conflicts every year. With the first warm days this year, the problem returned like a boomerang. – The charms of the city. It smells not only of cigarettes and exhaust fumes. You can’t sit on the balcony because the neighbor is a big fan – complains one of our readers. Someone else says: “We need to react to such people and call the city guard.” What does the law say about this? Can you smoke on the balcony?

Can you smoke on the balcony?

The Act of April 8, 2010 amending the Act on health protection against the consequences of using tobacco and tobacco products and the Act on the State Sanitary Inspection clearly show where the smoking ban applies:

• in hospitals and medical clinics;
• in workplace facilities;
• in nurseries, kindergartens, schools and universities;
• in cultural and recreation facilities for public use;
• in catering and entertainment establishments;
• on public transport;
• at public transport stops;
• in sports facilities;
• on children’s playgrounds;
• in other rooms intended for public use

Fine for smoking on the balcony

Although it might seem that balcony smokers go unpunished, lawyer Łukasz Skiba has a different opinion. As he explains, although smoking cigarettes on the balcony is not prohibited, it is worth knowing that you can receive a fine for throwing away pets or brushing off ash.

Smoking cigarettes on the balcony YKD/iStock

– The basis would be Art. 75 § 1 of the Petty Offenses Code, which states that the following persons are subject to a fine of up to PLN 500, among others: a person who throws away waste. In extreme cases, in which the smoker acts maliciously or as part of a game ignoring the illegality of the action, the penalty may be higher (up to PLN 5,000) and even take the form of restriction of freedom – he emphasizes.