Do you want to stop your neighbor from smoking on the balcony?  You have three choices.  The punishment is not the smallest one

Do you want to stop your neighbor from smoking on the balcony? You have three choices. The punishment is not the smallest one

With the arrival of spring, the annual dispute between neighbors is renewed. We are talking about smoking on the balcony, which many people are against because they do not want to let smoke into the apartment. What do the regulations say about this? Who’s right?

The arrival is a green light for smokers who put chairs and tables on the balcony and blow smoke, enjoying the nice weather. In the case of single-family houses, it is not so burdensome because we are separated from our neighbors by a fence and the houses are separated by a considerable distance. The biggest problems are faced by people who live in apartment blocks and cannot tolerate cigarette smoke. Can they ban smoking?

Can you smoke on the balcony? The Act is clear

Increasingly higher temperatures and sunny days mean that we have open windows in the apartment most of the day. This allows us to let in odors from outside. If the neighbor who lives next door smokes, the smoke will also reach our premises. Pursuant to the protection of health against the consequences of using tobacco and tobacco products, a person violating the ban on smoking tobacco products in public places may be fined up to PLN 500.

This also applies to electric cigarettes. However, this rule does not apply to balconies because they are not treated as a public place. Therefore, there is no official ban on smoking on balconies, terraces or in apartments.

Cigarettes or e-cigarettes? Which is worse for your health. pexels.com/lil artsy

Can a cooperative prohibit smoking on the balcony? There is one condition

However, this does not mean that you have to tolerate cigarette smoke and that you cannot do anything about it. There are certain exceptions that allow you to force your neighbor to stop smoking on your balcony. First of all, you can warn him and refer to the Civil Code, which talks about disturbing the use of real estate. The second step is to report the matter to the cooperative. It has the option of introducing a smoking ban and penalties for breaking it in the regulations. However, it must be supported by the majority of residents. The third way is to invoke the Code of Petty Offenses, but this can only be done in one situation. A neighbor can receive a fine of PLN 500 if he throws cigarette butts on the neighbors’ lawn or balconies. If you feel like it, vote in our poll below.

Source: Gazeta

You may also like

Immediate Access Pro