Smoking on the balcony: can a residential community ban you?

In fresh years smoking cigarettes on balconies has become the subject of many disputes among residents of multi-family buildings. Many tenants complain of tobacco smoke nuisancewhich enters their homes, causing discomfort and possible wellness risks. In consequence to these complaints, any housing communities have taken steps to introduce no smoking on balconies. Are specified actions lawful? Is the community entitled to impose specified restrictions?

Current legal status

As of April 4, 2025, in Polish law there is no national ban on smoking on balconies. The wellness Protection Act of 9 November 1995 on the consequences of tobacco and tobacco products sets out places where smoking is prohibited, specified as public utility facilities, educational establishments or means of public transport. However, balconies in residential buildings are not included in this list .

Initiatives of housing communities

Despite the deficiency of national regulations, certain housing communities decided to introduce no smoking on balconies through interior resolutions. An example is the community from Gdańsk, which voted out specified a ban in November 2024, arguing for the comfort and wellness of residents. This decision met mixed reactions and its legality was discussed in the legal environment.

Is the community allowed to ban smoking on the balcony?

This issue is controversial. Ministry of Health indicates that Housing communities have the anticipation to introduce specified restrictions, although it emphasizes that it can be seen as interference in the privacy of residents . In turn, lawyers pay attention to Article 144 civilian CodeWho talks about alleged intermediate immissions, i.e. activities on their property which distort the usage of neighbouring properties. In this context tobacco smoke may be considered specified an immission, giving grounds for banning smoking on balconies.

Enforcement and consequences

The introduction of the ban on smoking on balconies by the housing community raises questions about its enforcement and consequences for persons not complying with the resolution. In practice, the Community may impose financial penalties for those breaking the ban, but their execution may be difficult. Furthermore, those who are punished have the right to challenge the resolution to court, which may lead to lengthy legal disputes.

Alternative solutions

Instead of introducing a complete ban on smoking on balconies, communities may consider other solutions, as follows:

• Designation of peculiar zones for smokers in the property, distant from the windows and balconies of another residents.
• Education and information campaigns on the harmfulness of smoking and the impact of tobacco smoke on the environment.
• Neighborhood Media to resolve smoking conflicts on balconies.

Smoking on balconies in multi-family buildings remains a contentious issue and a origin of civilian conflict. Lack of clear regulation makes housing communities take their own initiatives in this area, which in turn raises questions about their legality and effectiveness. It is crucial that both smokers and non-smokers search common respect and search compromise solutions that let for A harmonious relationship In 1 community.