Relationships between neighbors in a communal apartment in most cases do not work out very well. Most residents do not know that there are rules for living in a communal apartment. If each conflicting party studies them, then all problems will be resolved within the framework of the law.
Communal apartment: definition, categories of residents
A communal apartment is a property consisting of several residential premises that belong to several owners. As a rule, several families live in an apartment and share common areas: kitchen, hallway, bathroom, toilet.
The law allows that both their share and tenants can live in an apartment at the same time. Each party has the right to own and use its territory, and the owners can also dispose of the property (Article 30 of the Housing Code of the Russian Federation).
Rights of each household in a communal apartment
Persons who own residential premises in a communal apartment have the right to live in them independently or rent them out. At the same time, the consent of neighbors to move in third parties under the lease agreement is not required. If necessary, they can register tenants in housing.
If you receive housing under a social tenancy agreement, it will be more difficult to rent out your territory. To do this, a number of requirements must be met:
- compliance with living space standards (12 square meters per person);
- written consent of the landlord;
- consent of neighbors in a communal apartment.
Both owners and tenants can accommodate tenants free of charge. The consent of other parties is not required. This rule also applies to guests. In the Rules for the Use of Residential Premises there are no restrictions on the number of guests and the time of their stay. They can use common spaces in a communal apartment on the same basis as owners or tenants. However, their period of residence without registration should not exceed 90 days.
All residents have the same rules for living in a communal apartment. The law does not provide privileges to either party.
Public areas: rights and responsibilities
Each party has the right to use the common territory. By default, you can place furniture or other items on it, but so as not to infringe on the rights of other residents. The common area must not be cluttered. Common property is not subject to sale. All residents have the same rights.
When selling his share in the apartment, the seller is deprived of the right to use the common premises. All issues related to the common territory are resolved through the court.
Repairs to common property are the responsibility of all parties. The decision to carry out repair work can be made by the owners of shares or attracted experts. Upon completion of the work, an estimate is drawn up. Each owner of the premises in the apartment pays for repairs in proportion to his share. If a party refuses to pay, money for repairs is collected through the court.
Noise
Silence mode is set from 23:00 to 07:00. During this period, the noise should not exceed 45 decibels, which is typical for a quiet conversation. If the noise level is disturbed, neighbors have the right to call the police. During the day, residents have the right to increase the noise level to 55 decibels. The claims of other parties against them are not legal (Civil Code of the Russian Federation).
Actions that disturb the silence at night in a communal apartment are:
- to the use of radios, amplifiers, tape recorders, televisions when the noise level is exceeded;
- to playing musical instruments, singing and shouting;
- to carry out repair and construction work using powerful tools, resulting in increased noise generation;
- to the use of pyrotechnics;
- other actions that disturb the silence.
A fine of up to 2,000 rubles may be imposed on the violator.
Smoking
There are no laws prohibiting smoking in communal apartments. However, it is forbidden to use public places for smoking, since neighbors are forced to “inhale the smoke of smoldering products” (Federal Law No. 87 “On restricting tobacco smoking”). Neighbors may try to sue the smoking residents or call the local police officer for an instructive conversation.
Animals
The rules for living in a communal apartment with animals are not reflected in Government Resolution No. 25 “On approval of the Rules for the Use of Residential Premises.” Previously, cats and dogs were allowed to stay only with the written consent of all residents. Now there is no such norm. Owners and tenants can keep animals on their property if their neighbors have no contraindications to them. Otherwise, their consent is required.
It is worth noting that animal owners bear full responsibility for sanitary and hygienic cleanliness. If the rights of other parties are violated when animals live in a communal apartment, for example: a dog barks at night, then they can go to court.
Cleaning
This procedure is regulated by the norms of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation. The rules for living in a communal apartment, the “code of responsibility” for which is enshrined in law, only complement these regulations.
Each tenant is obliged to bear the financial burden for maintaining the property of the apartment (Article 43 of the Housing Code of the Russian Federation). The Civil Code only adds that liability must be proportional to the share in the common property.
When cleaning common areas, the number of residents in each room and the owner’s share in the apartment are taken into account. In practice, cleaning is carried out according to a set schedule.
Payment of utility services
Residents pay utility bills in proportion to their share in the common property.
Option 1 - there are no individual metering devices. In this case, it is carried out by agreement of the parties, for example: depending on the occupied area or the number of residents.
Option 2 - there are metering devices. Each party pays for services according to their own meters, and utilities for the use of the common territory are distributed by agreement.
If the neighbors have not found a compromise, then the rules for paying for services are as follows:
- payment for heating is made in proportion to the share in the property of the apartment;
- payments for water and gas are distributed based on the number of occupants and guests who occupy the premises for more than one month;
- electricity is paid based on the power of the device in each room and their number;
- The item “Maintenance and repair” is paid based on the actual premises(es) and the share in common areas.
The legislation does not establish the obligation of residents to pay utility bills for an unscrupulous, defaulting neighbor.
Redevelopment
The property of a communal apartment is common property, therefore redevelopment is possible only with the consent of all owners and tenants. Moreover, their gesture of goodwill must be formalized in writing and notarized. Otherwise, such an act will result in a hefty fine and a requirement to return the housing to its former configuration.
Neighbors' permission alone is not enough. Permission from the relevant authorities will be required. To obtain it, you must prepare a sketch of the redevelopment and documents confirming ownership of the share. Redevelopment will be refused if it affects load-bearing walls.
How to sell your share: general rules
Here you cannot do without Article 250 of the Civil Code of the Russian Federation. In accordance with it, the priority right to purchase a share is given to neighbors in the communal apartment. If they refuse this privilege, they must provide a written refusal. This document is required to register a transaction for the alienation of property.
Sometimes neighbors do not want to buy a share and do not grant a waiver. In this case, it is necessary to send them written notices certified by a notary. A neighbor is considered not to have been notified unless notice is given to him. Failure to respond within a month after receipt of the document is interpreted as a refusal.
If the owner of the premises in a communal apartment is a minor, then the refusal is granted only with the consent of the guardianship and trusteeship authorities.
There is no need to notify neighbors about the sale of a share if the buyer is the owner of a communal apartment.
If the seller has not notified other owners, he may be refused registration of the transaction. A transaction carried out without notifying neighbors can be challenged in court within one month from the date of sale of the property.
If a neighbor missed the deadline for challenging the transaction for valid reasons, then he can challenge the sale under Article 205 of the Civil Code of the Russian Federation. The rights and obligations of the buyer will be transferred to him and a corresponding entry will be made in the State Register. Read more about selling a room in a communal apartment.
Rights to a vacant room
Residential premises go to tenants or owners if at the time of vacating they are recognized as low-income. If there are none, then the room goes to a family in which, per person, the housing provision standard is not met.
Subtleties of premises privatization
Privatization applies only to premises rented under a social tenancy agreement. The tenant can transfer one or more premises into his own ownership, but not the communal apartment as a whole.
To carry out privatization, the consent of all family members will be required. If at least one of them does not want to become an owner, then he must provide a notarized refusal.
If minor children live in the room, then the consent of the guardianship and trusteeship authorities will be additionally required. Their decision depends on arguments in favor of the interests of the child. The following requirements must be met:
- the child will be provided with housing equivalent to the previous one;
- sanitary and hygienic requirements will be met at the new location.
During privatization, the consent of neighbors is not required.
What to do with troublemakers
The rules of living in a communal apartment and the fight against violators are closely interrelated. Every person has the right to protect his interests in the sphere of life and activity (Constitution of the Russian Federation).
If it is impossible to resolve the problem peacefully, the only option to resolve the problem is to file a lawsuit. The concept of a negative claim is associated with communal apartments. It occurs when the rights of residents to common areas are violated. When a court verdict is issued, bailiffs will monitor the fulfillment of obligations under it.
As for silence, you should contact law enforcement agencies. It is advisable to send your request in writing. The competence of these bodies also includes issues related to smoking in public places, storage of toxic substances, damage to property, etc.
In case of illegal redevelopment that threatens the integrity of the house structure, residents can contact the BTI.
According to statistics, about 18% of citizens still live in communal apartments. It is wiser to build relations with neighbors on a friendly note, since legal proceedings will only escalate the situation.
16-11-2007, 20:53
16-11-2007, 21:10
Our neighbor moved in new tenants, a married couple. My husband smokes in the room in the evenings, the smell goes into the corridor. There is a stroller in the corridor (directly opposite their room), and there is a fur envelope in the stroller. I'm afraid it stinks. :(
Can I object to them about smoking in the room or are they within their rights?
I really don’t like swearing and generally annoying people:008:
Poor neighbors. :) Is it possible that they will soon start asking whether neighbors in a communal apartment can go to the kitchen, to the toilet, and so on...
What do you think - do you have the right to drink tea in your room and watch TV?
Lots of options:
- Remove the envelope.
- Ask not to smoke in the room
- Ask to smoke in the toilet or hallway.
-Talk to the hostess about this - let her ask for them on her behalf.
I focus on the word ASK...They are still people. When you treat people in a human way, they do so with all their hearts.
Instead of looking for whether they have the RIGHT to smoke....
IMHO. Don't be offended if anything happens.
16-11-2007, 21:19
In our country, as far as I know, smoking at home is not prohibited.
Remove the envelope and move the stroller.
You are lucky that a person does not smoke in the kitchen, in the bath, in the toilet, in the corridor under the doors of your room.
Talk to the person, ask him not to smoke in the apartment, maybe he will calmly smoke in the entrance.
Augustine
16-11-2007, 21:58
Tiny feet
16-11-2007, 22:12
We also have a neighbor in a communal apartment who smokes in his room, and every day his friends come to him, two or three people, all sitting in a room of 12 sq.m. and smoke non-stop. And then they open the door and ventilate it into the corridor. Smoke from the yoke. They asked to ventilate by opening the window - it was no use. But this smell makes me cough and I don’t really want my child to breathe this. But in our country everyone knows about their rights, but they forget about the rights of others. You know, there is an expression that says “a person’s freedom ends where another person’s freedom begins.” My opinion is, smoke as much as you want, just make sure that your smoke does not penetrate into common areas.
I sympathize and understand with the author of the topic. We have a law on smoking in public places, but I don’t think it can be tied to communal apartments, and even if you force it to be observed, the police won’t come, the district police officer doesn’t care.
16-11-2007, 22:34
What kind of police are there, what are you talking about? I'm not going to start a war. I asked for advice. I received advice. Thank you.
I just encountered such a problem for the first time; there were no smokers in the apartment before. I will think about whether to ask or not. I haven't asked yet.
17-11-2007, 01:35
Still, probably, the main thing in your situation is that tenants live next to you, so you can demand it.
Gee)))
(And for money!)
17-11-2007, 01:40
I really don’t like swearing and generally annoying people:008:
In a rented room - has the right to smoke, have sex and listen to rock... Rock - until 23-00...
I think as long as your neighbor isn’t outraged about your stroller in the hallway, you shouldn’t be outraged by his smoking...
Interesting - where do you smoke?
In the kitchen?
Augustine
17-11-2007, 01:41
;8415581"]Gee)))
The tenant is a tenant because he has the same rights to use the rented premises and MOP, only for the term of the Agreement...
(And for money!)
Well, yes, just what is his Treaty worth without the consent of the neighbors?
17-11-2007, 02:06
Well, yes, just what is his Treaty worth without the consent of the neighbors?
17-11-2007, 02:17
Interesting opinions... But probably, a standing stroller and the smell of cigarettes are somewhat different things. I smoke a lot myself. But only in such a way as not to disturb non-smokers.
Respect to the author for his desire to resolve this issue amicably. I think we need to talk, and if the “swinging of rights” begins, explain to the neighbor that the owner is renting out the room in the communal apartment, including with your (neighbor’s) consent, and if there is such a drunkenness, then this consent can be taken back...
Augustine
17-11-2007, 02:18
What does this have to do with the consent of the neighbors when he rented out his property and smokes in it?
His property nah. in a communal apartment, with the consent of the neighbors. If I don't like the way a person renting a room from a neighbor behaves, I will ask the neighbor to evict that person. More precisely, I will not ask, but I will demand. But not everyone will decide to register a tenant, and not every tenant will want to enter and exit the rented room through the window.
Actually, this topic has already been discussed a lot here. After all, even if you wish and under certain conditions, you can evict your neighbor-tenant in the stairwell, whatever one may say, but they have less rights than the owners of the property.
17-11-2007, 02:42
What does this have to do with the consent of the neighbors when he rented out his property and smokes in it?
GGRC!!!
17-11-2007, 02:50
His property nah. in a communal apartment, with the consent of the neighbors.
It is still necessary to distinguish between the rights of the social tenant of the room (who is obliged to obtain the consent of all other tenants/owners living in the apartment) and the owner of the room, who has the right to dispose of his property without asking anyone for consent.
And each party can download rights to the extent of their depravity/activity/education.
17-11-2007, 09:01
Folks, there was already a topic about a room in a communal apartment. One girl gave a link to convincing material about the consent/non-consent of neighbors to the presence of employers
17-11-2007, 09:06
17-11-2007, 10:07
Oops, about the presence of tenants under the lease agreement. In short, no consent is required. And most much more experienced lawyers than me say with one voice - it is not required. I agree about the fact that you need to smoke so that others don’t breathe in the nasty stuff, especially children. In general, the position of the tenant-neighbor kills me: but guessing that in a communal apartment, a Khrushchev-era apartment, is probably full of cracks and the door is not airtight, is it difficult? I don't think he has any children. The author of the topic - if you are unable to resolve the matter amicably, you have the right to sue for termination of the lease agreement. But, only you know that this is a dreary business, and your neighbor can move in these “ashtrays” under the guise of relatives. So good luck to you and your child.
Somehow one thing doesn’t agree with the other. What are the grounds for termination of a lease agreement, and even by a third party under the agreement?
17-11-2007, 14:42
Anna Karenina
17-11-2007, 14:46
17-11-2007, 16:03
Here we had an interesting incident, however, in the entrance... We went out to smoke through the back door onto the site, and in front of us the neighbors were smoking and spitting from our own communal apartment... Suddenly a neighbor from the next apartment flies - judging by his facial expression, I I thought. that we will now meet the ground (from the 4th floor)... and accuses us of spitting, simultaneously hanging up all the cigarette butts left by the electricians in the corner and lying there for all time... But the most important phrase was said as a final verdict: “This is mine entrance!!!”, after inquiring about registration..
Since then, my husband, when meeting smokers at the entrance, warns about “responsibility.” Although such statements are not far from the local police officer.
Here's a story about neighbors.
The neighbor has a very correct position!
When each of us is ready to realize that “This is my entrance!!!” (house, apartment, city, country), fight for it and “Drive away the Kazlovs” who crap - we will have a beautiful and cozy entrance, house, apartment, city, country!!!
17-11-2007, 16:15
No, guys, why are you twenty-five again: 073: Our neighbor has the right to rent without our consent, she has. I'm aware: ded: I just don't want to inhale smoke in the corridor, can I explain it clearly?
By the way, who asked where I smoke... I don't smoke.
Today is a day off, the neighbor is at home and smokes even more (before this he only smoked in the evening, he worked during the day). Unpleasant:073:
Getting back to your problem.
Actually, here you go
17-11-2007, 17:35
Is the neighbor adequate?
Bolibumpa
17-11-2007, 18:46
Or maybe ask your neighbor not to smoke in the room?
Well, a small child after all?!
Children are very sensitive to smells...
Is the neighbor adequate?
18-11-2007, 02:30
;8421544"]Back to your problem.
1) The fact that a neighbor smokes in his room (which he has every right to do) is the least evil. What would you do if he smoked in the kitchen? in the bathroom? in the toilet? sitting on a tubaret in a calidor?
2) suggest that you make seals on his door (and on your own!)
3) install a supply ventilation fan in the kitchen - then the excess air pressure in the corridor will not allow smoke to escape into the corridor from the neighbor’s room.
4) suggest to your neighbor that you will buy him more expensive cigarettes - and therefore safer and more enjoyable. For example, Captain Black cigarillos smell very pleasant to others... DUNHILL (especially the anniversary collection) also has a pleasant smell...
5) try to light a cigarette yourself the moment you smell the smell from your neighbor’s room.
Actually, here you go
:046::046::046: I take it this is a joke? I have a sense of humor these days...
Stead, have you ever lived in a shared apartment, or is this just your “agent’s advice”?
Believe me, starting a war is as easy as shelling pears, but living in peace is an art!:ded: I know firsthand :))
Are you a smoker? If yes, then you won’t understand that smoking in the MOP and in a non-smoking room is almost the same
No. 3, no comment at all!
4.5 obvious mockery
By the way, when our neighbor’s friends came over and smoked in the kitchen, they reacted quite adequately to the request to smoke on the stairs. And also turn off the music at 2 am :)):001:
By the way, a person may simply not really think that his smoking is a problem for his neighbors and will have no problem going out into the front door to smoke.
PPKS! I wanted to write the same thing, it’s quite possible that he won’t have any problems going out onto the stairs.
Respect to the author! Ask. If it doesn’t help, ask the landlady, I think she doesn’t need problems with neighbors either!
Hello.In accordance with
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT PROTECTING THE HEALTH OF CITIZENS AND THE CONSEQUENCES OF TOBACCO CONSUMPTION
1. To prevent the impact of environmental tobacco smoke on human health, smoking tobacco is prohibited (except for the cases established by part 2 of this article):
10) in elevators and common areas of apartment buildings;
Kitchen - common area
In accordance with . Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities
1. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities, with the exception of cases provided for in Part 2 of this article, shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred rubles.
Therefore, you need to contact the police department to draw up a report and bring the smokers to administrative responsibility.
Elena Tarasova
Good afternoon, thank you for your question. You should know that in accordance with Art. 9 of the Federal Law "On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption":
1. In the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption, citizens have the right to: 1) a favorable living environment without environmental tobacco smoke and health protection from the effects of environmental tobacco smoke and the consequences of tobacco consumption;
According to Art. 12 Law:
2. Based on the decision of the owner of the property or another person authorized by the owner of the property, tobacco smoking is allowed: 1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and organized on ships on long-distance voyages, when provision of passenger transportation services; 2) in specially designated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.
Thus, you have every right to a life without tobacco smoke.
Send a statement to the police with a request to initiate a case of an administrative offense under Art. .
You can also contact the territorial department of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare with a statement to initiate an administrative violation case against your neighbors under Art. 6.3, .
In general, try to come to an agreement with your neighbor; good neighborly relations are a valuable thing.
For residents of apartment buildings, having neighbors who smoke is a real punishment. Few people want to go out into the yard every time they feel like taking a drag from a cigarette. So they smoke in the kitchen, on the balcony or in the toilet. If family members are most often loyal to this, then other inhabitants of the house do not want to put up with other people’s bad habits. Passive smoking is known to also poison the body. In 2017, the situation became clearer in favor of those who are forced to breathe other people's smoke. According to the decision of the Supreme Court of Russia, tobacco lovers are now risking their wallets by causing inconvenience to their neighbors.
A serious lawsuit caused by smoking in an apartment occurred not long ago in Novosibirsk. A resident of a multi-storey building smoked on his loggia for several years, and the smell of tobacco was drawn to other rooms. No comments or requests, apparently, had any effect on the smoker.
A man living next door, who has a small child, could not stand it and went to court with a claim. For two years in a row, he defended his right to breathe clean air, getting the offender to ban smoking in the house. In addition, the city resident wanted to receive 250 thousand rubles from him for causing moral harm.
The regional court of Novosibirsk refused to open an administrative case. The decision was explained as follows: tobacco smoke in this case is a subjective feeling of the resident, which is not enough to impose a fine. There was no evidence provided that the air was contaminated with tobacco compounds.
The man did not give up and went straight to the Supreme Court of Russia. After the proceedings, the highest court explained that the laws of our country do not provide for a ban on smoking at home. At the same time, according to the Constitution, all Russians have the right to live in a healthy environment. The smoke emitted by cigarettes is toxic and carcinogenic, so second-hand smoke is very harmful to health, especially for young children. If the apartment smells of tobacco due to the fault of the neighbors, then this is still a good reason to complain.
Realizing that the matter was taking a serious turn, the Novosibirsk smoker moved to another apartment, hoping to end the conflict there. However, he failed to escape responsibility. The judge ruled to pay the former neighbor compensation of 5 thousand rubles for moral damage caused, citing Article 151 of the Civil Code of the Russian Federation. The court decision emphasized that tobacco smoke should not fall outside the boundaries of the smoker’s living space, causing physical and moral discomfort to others. 
According to the current law, now the fine for smoking that disturbs other people is most often 500-1500 rubles. The amount increases to two to three thousand rubles, provided that there are children among those suffering from smoke.
What to do if the neighbors smoke and the smell comes into the apartment
The situation when the house stinks of tobacco because of the residents of other apartments occurs for many non-smokers. Moreover, while some people rarely have cigarette smoke in their apartment and can still somehow come to terms with this, others have neighbors who smoke every five minutes. You have to constantly ventilate the room or close the windows tightly, spraying air fresheners.
Experts say that only 20% of hazardous substances enter the smoker’s body, and the remaining 80% enter the air. This is what apartment residents breathe, turning a blind eye to the tobacco lovers living next door.
The most unlucky ones have to constantly clean clothes, upholstered furniture and carpets, which quickly become saturated with an unpleasant odor. The problem is especially acute in old houses, where the ventilation itself is poor or has not been put in order for a long time.
The harm of passive smoking
It’s definitely not worth putting up with your neighbor’s cigarette smoke day after day and year after year. Passive smoking causes both immediate reactions in the body in the form of allergies and leads to dangerous consequences over time. If people who are sensitive to tobacco or small children live in the house, then it is all the more important to quickly block the path of smoke.
What happens to the body due to inhalation of tobacco smoke:
- cough, runny nose, lacrimation occurs due to irritation of the mucous membranes;
- dizziness, heaviness and pain in the temples and occipital region;
- Harmful compounds (tar, nicotine, carbon dioxide, carcinogens, ammonia, acetone and many others) gradually accumulate in the body, which lead to a deterioration in well-being;
- the risks of getting cancer or serious problems with the cardiovascular, respiratory, and digestive systems increase, including the need to be treated in a hospital and buy expensive medications;
- nausea appears due to poisoning;
- the development of the fetus in the womb or newborn slows down;
- children may grow up weak, slow to think, and subsequently predisposed to smoking;
- Due to passive smoking, older people suffer from weakened mental activity, memory, and attention.
Ways to solve the problem
Let's look at what to do in a situation where a neighbor smokes in the toilet, on the balcony or through the windows:
- Ask not to smoke on the loggia and in the bathroom, given that the stench often comes through the hood. The same applies to situations where residents of communal apartments or dormitories regularly smoke in the toilet. They may not have previously thought about the fact that they were making others uncomfortable, but after the conversation they will take it into account. If only one adult smokes in the apartment, then you should invite your wife or husband to wean your other half from this habit;
- Support your request with facts. If a simple warning is not enough and smokers continue to create smoke in the premises, you can refer to the Housing Code of the Russian Federation - it states that the rights and interests of neighbors must be taken into account. You can also give the example described above about the legal battle between two Novosibirsk residents - no one wants to pay their neighbors several thousand rubles for their smoking;
- Post advertisements. As an option, print out warnings on A4 sheets stating that if this disturbs neighbors and smoke does not stop penetrating into other people’s apartments, the conflict risks ending in court proceedings;
- Provided that the property is for rent, an effective solution is to inform the owners that smoking is occurring in the premises. Fearing eviction, people may well stop smoking;
- Equip special smoking rooms in the courtyard of the building so that people have a place to go out with a cigarette. But first you need to hold a general meeting of residents, where you need to make sure that they agree to the arrangement of areas for tobacco-dependent neighbors;
- Clean or install a new ventilation system in your own home. When making repairs, you can put special filters on the windows or hood that will trap tobacco smoke. The loggia needs to be made more airtight. This option is ideal for those who do not want to settle disputes with their neighbors, but also care about their health.
If all requests are ignored, smokers do not make compromises, and you don’t want to put up with tobacco in the apartment, then you can resort to outside help.
How else to deal with smokers:
- Contact municipal authorities or a local management company if difficulties have arisen with the use of housing;
- Complain to the local police officer, call the police. To do this, it is advisable to find several more residents of the house who are also tired of the smoke. A collective statement will carry more weight. When law enforcement officers are convinced that a smoker is causing inconvenience to his neighbors, an administrative case will be initiated against him;
- Go to the prosecutor's office or to court, demanding compensation for harm. This option is suitable if all others are useless. But to prove that your neighbor's smoke is really dangerous to your health, you need to be examined in a hospital. Doctors will issue a certificate confirming that a non-smoker is developing an allergy to tobacco, deteriorating breathing or general health. Or you need to call specialists to check the air in the rooms for sanitary and hygienic indicators. The information received will play into the hands of those who are not friends with tobacco products.
What to do if you want to smoke at home
The areas where it is unacceptable to linger are listed in Article 12 of the Federal Law of the Russian Federation “On protecting public health from the effects of environmental tobacco smoke and the consequences of tobacco consumption.” Regarding residential buildings, the ban applies to elevators and entrances, that is, premises used by all residents of the house. Also, you should not smoke in rented apartments or dormitories if this outrages your neighbors. But the permissibility of smoking can be agreed upon personally with the landlord and cohabitants - perhaps none of them are against it. 
The law does not prohibit smoking at home, because it is private territory. If you don’t cause problems to any of the nearby apartments, then you can calmly take a drag on a cigarette, going out onto the loggia or locking yourself in the toilet. If you are afraid of getting a fine, you should warn your neighbors about your habit in advance. Another solution is to install good ventilation in the bathroom. Then the residents’ rooms from below, above or behind the wall will not begin to smell of tobacco.
Another compromise option is to agree on a certain time when you don’t need to smoke in the apartment. For example, you can go out into the yard with a cigarette in the evenings while all the residents are at home.
The best solution, of course, is to quit smoking altogether. This way there will be no problems with neighbors, and you will be able to save your own health.
Video on topic
According to Law No. 15, it is strictly prohibited to use tobacco products in public places. This definition includes open areas and buildings with large crowds of people. Any apartment belongs to the category of “private property” and cannot be included in the list of public places. This means that you can smoke freely once you cross the threshold of your home.
And on the balcony?
If this area is used only by members of your family, and there is no access to it from other apartments, you can safely use it for smoking. The main thing is not to throw smoldering cigarette butts over the balcony railings and not to put the life and health of other residents of the house at risk in any other way.
What if it bothers the neighbors?
According to the law, your use of tobacco products should not jeopardize the health of others or contribute to the violation of their rights. If these conditions are not met, your neighbors have the right to file a report against you with the police or housing department. As confirmation of the fact of infringement of the rights of citizens, the results of expert diagnostics of the air composition in the apartment of non-smoking neighbors, a medical report confirming the presence of asthma or an allergic reaction to combustion products are usually used.
Obtaining the above documents is a complex, lengthy, but realistic procedure. Therefore, in order not to aggravate relations with neighbors, we recommend that you install a high-quality ventilation system and ensure the tightness of windows/doors in your apartment.
Otherwise, your neighbors can appeal against your smoking and get it banned - in court, using Articles 1064 and 1065 of the Civil Code of Russia.
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”. That is why Federal Law No. 15 cannot ban smoking in any of its rooms, including the toilet.
What if it bothers the neighbors?
The problem can be solved by installing high-quality exhaust ventilation.
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.
Smoking in a rented apartment
First of all, you need to obtain permission to use tobacco products from the direct owner of the rented space. If he doesn’t mind, you can safely smoke in the rented area.
Smoking in a communal apartment
So, what if you have to share living space with other tenants/owners? Is it possible to smoke in the apartment in this scenario? Federal Law No. 15 prohibits the use of tobacco products only in public places. The apartment is private property. And since there are several owners in the “communal apartment”, the rules of conduct in individual rooms differ:
- In the kitchen Smoking is allowed only with the consent of the other owners. This room can be classified as public, since it is used by all residents.
- In my room you can smoke freely, since this area is your private property.
- In the toilet The same rules apply as in the kitchen. The exception is those cases when residents of communal apartments install powerful exhaust ventilation systems in such premises or use electronic cigarettes filled with a special liquid with a neutral odor. The steam produced by such devices quickly dissipates into the air, leaving a barely noticeable aroma.
It is worth considering that according to Decree of the Government of the Russian Federation No. 25, adopted on January 21, 2006, when using residential premises, it is necessary to respect the rights of neighbors and the requirements of the fire safety service. In addition, do not forget about SanPiN, according to which, exhaled by a smoker, refers to substances that pose a carcinogenic danger to humans.
As you can see, even if Federal Law No. 15 allows the use of tobacco products inside the apartment, other norms and rules require that smoking be coordinated with other residents. In order to avoid conflicts and preventive conversations conducted by police representatives, we recommend that you agree in advance with your neighbors on the premises in which you can smoke (for example, a balcony, toilet, etc.).
According to news from March 30, 2018, the bill banning smoking in communal apartments was rejected by the Ministry of Health and Social Development. More details in the discussion on.
Who should I complain to?
If you are being harassed by active “smokers” from neighboring apartments, and attempts to negotiate with them do not bring the desired result, you can apply to the housing department or the local police officer. As already mentioned, you can appeal the behavior of other residents of a multi-storey building, but only after a special examination. He must confirm that the actions of your neighbors endanger the health of your family members, including yours.
Who can fine?
Such powers are vested in the representatives of the police department located in your area. If you sue your neighbors in court or the Prosecutor's Office, the appropriate sanctions will come from employees of these departments.
Amount of fine
A fine for smoking in an apartment is issued only if the neighbors or co-owners of communal housing manage to prove their case in court. With this development of events, smoking adherents will have to pay 500-1500 rubles. If minors were involved in the process of purchasing or consuming tobacco products, the fine increases to 2000-3000 rubles.
Throughout 2015, 108,995 people were fined in Russia for not complying with the requirements of Federal Law No. 15. Moreover, 5,248 offenders did not learn the lesson, made the same mistake a second time and were forced to pay the fine again.
Experience of other countries
Ukraine
In this country, the smoking ban applies to hostels, hotels and similar facilities used to accommodate citizens. Private houses and apartments are not subject to this veto.
Belarus
As in Russia, in Belarus law enforcement officials do not have the right to fine the owner of an apartment if he smokes on his territory. When neighbors contact housing and communal services, explanatory conversations are held with tobacco lovers - nothing more. However, you can try to defend your right to clean air in court.
To reduce the percentage of smokers in Belarus, taxes on tobacco products are being increased. According to studies, an increase in this indicator by 10% ensures a reduction in cigarette consumption by 4%. Currently in Belarus the share of tax reflected in the price of cigarettes exceeds 40%. For comparison, in Ukraine this figure is 60%.
Kazakhstan
According to Art. 336-1 of the Code of the Republic of Kazakhstan, smoking is prohibited in public places. Apartments and private houses do not fall under this definition.
As you can see, in 2016, smokers will be able to use tobacco products mainly on their property. And the Russian government continues to develop new provisions of the “anti-nicotine” law.
Video
Is it legal to smoke in your apartment?