Home / Alimony / Is it possible to smoke in a communal apartment according to the new law 2020
The Government of the Russian Federation has been particularly committed to solving the issue of smoking in public places in recent years. Such measures were introduced not only as a way to combat smoking, which causes disapproval from smokers, but also as a concern for the health of non-smoking citizens in public places, whose rights smokers must also take into account.
Is it possible to smoke in your apartment under the new law?
- Article 6.23 provides for a fine for involving minors in smoking tobacco: from 1,000 to 2,000 rubles for citizens; from 2,000 to 3,000 rubles for the child’s parents. This violation includes the purchase of cigarettes for teenagers, “treating” them with tobacco products, and other violations;
- Article 6.24 provides for a fine for smoking in a public place - from 500 to 1000 rubles. A more severe penalty is provided for smoking on the playground - from 2,000 to 3,000 rubles;
- Article 6.25 provides for liability for officials, legal entities and individual entrepreneurs for violating the law on smoking in terms of organizing specially equipped places for smokers or for ignoring the restrictions established by the law. The minimum fine is 10,000 rubles, the maximum is 90,000 rubles.
Interesting: Calendar weeks for information at the employment center
Where can and where can you not smoke in an apartment building?
We tell you what rules smokers must follow so as not to poison the lives of their neighbors, and what the punishment may be for those who violate the anti-tobacco law.
— The upstairs neighbors smoke on their balcony, and their unextinguished “bulls” periodically fly to us. They have already burned through the linoleum on our balcony several times. We tried to rein in the neighbors, but nothing worked. Is there any law under which they can be held accountable?
Where is smoking prohibited by law?
In 2013, the federal law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” came into force. In it in Art. 12 provides a list of places where smoking is strictly prohibited. Among others, there are elevators and common areas of apartment buildings. The Housing Code states that common property is premises in a house that are not parts of apartments and are intended to serve more than one room in the house. For example, stairs and landings, corridors, technical floors and rooms, attics and basements.
You are also prohibited from smoking on children's and sports grounds, as well as in the area 15 meters from them.
However, it is worth noting that, based on the decision of the property owners, smoking is allowed in specially designated areas. These can be outdoors or indoors with good ventilation. So-called smoking rooms are equipped, for example, at the railway and bus stations, at the Jam Mall shopping center, and at the GAUDI club.
Where can you smoke?
On the topic of
Kirov through the eyes of a pessimist: what do Kirov residents most often complain about?
9550
Without fear of fines, you can smoke on your personal territory, for example, in a car or apartment/house. Residents also have the right to smoke on the balcony and loggia. The main thing is to follow fire safety rules, since there are often cases when a fire occurs from an unextinguished cigarette.
Smoking is also allowed at the entrance of a residential building (a direct ban on this has never been introduced), but again, provided that there are no children's or sports grounds within 15 meters from it.
However, according to the law, smoking is permitted if it does not disturb others. That is, if you, by taking a photo or video, finding witnesses, can prove that cigarette smoke and smell, ashes or cigarette butts enter your territory - they fly through the window, fall onto the balcony, etc., then smoking will be considered illegal and you You can file a complaint with the police if you cannot resolve the conflict peacefully.
Why is everything so strict? It's simple: smokers harm the health of other people and put their lives in danger - again, an unextinguished cigarette can cause a fire. The same scheme applies in a situation where a neighbor smokes in his apartment, and the smoke comes to you through the ventilation.
Monitoring compliance with the smoking ban legislation, as well as the right to apply sanctions for its violation, is carried out by the police, the State Sanitary and Epidemiological Supervision Service, the State Fire Inspectorate, as well as state control bodies over the use and safety of the housing stock. You can contact any of these bodies if you notice a violation, referring to the federal law “On Fire Safety” (Article 34), the Housing Code of the Russian Federation (Article 17, paragraph 4) and the Code of Administrative Offenses of the Russian Federation (Article 20.4), as well as the anti-tobacco law.
What happens to those who smoke in the wrong place?
The Code of Administrative Offenses of the Russian Federation states that for violating the ban on tobacco smoking established by federal law in certain territories, citizens may be fined in the amount of 500 - 1,500 rubles, but those who are seen smoking on the playground will have to pay 2,000 - 3,000 rubles .
About the main thing - briefly:
- Smoking is prohibited in hallways, stairwells, elevators, and other premises belonging to the common property of apartment buildings.
- Also, the use of tobacco is strictly prohibited on children's and sports grounds.
- You can smoke, subject to fire safety standards, on balconies/loggias, as well as in your own apartments and cars.
- There is no legal ban on smoking near entrances.
- Violators of the anti-tobacco law may receive a fine of 500 to 3,000 rubles.
- If a neighbor smokes in his apartment, but this also interferes with your comfort, he can also be held accountable.
- You can file a complaint with the police, the State Sanitary and Epidemiological Supervision Authority, the State Fire Inspectorate, as well as the state control authorities over the use and safety of the housing stock.
If you have questions that you can't find the answer to, ask us and we will try to answer them.
On this topic
1305
In the Nemsky district, a woman died in a fire due to an unextinguished cigarette.
Is it possible to smoke in an apartment: communal, private?
rules for the use of residential premises, as well as rules for maintaining the common property of premises owners in an apartment building. There used to be a resolution, but it has lost force, I haven’t found a new one, which is exactly related to your question. COUNCIL OF MINISTERS OF THE RSFSR RESOLUTION of September 25, 1985 N 415 Smoking is not allowed in common areas in apartments where several tenants live, in the entrances, halls and staircases of a residential building; In my statements, I referred to everything possible. And to the rules for using residential premises and adjacent territory, and Art.
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 behavior in individual rooms differ:
- in the kitchen only with the consent of the other owners. This room can be classified as public, since it is used by all residents.
- You can smoke freely in your room
- in the toilet 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 Sanitary Regulations and Regulations, according to which the smoke exhaled by a smoker is a substance that poses a carcinogenic hazard 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 the forum.
Is it possible to smoke in the entrances of apartment buildings according to the laws of the Russian Federation?
At first glance, the problem may seem far-fetched, because a loggia is a logical continuation of an apartment, and we are used to doing anything on our territory. For many, this room is used instead of a storage room or for household needs, while other owners, on the contrary, prefer to create a recreation area or even equip an additional room. But we should not forget that in Russian old-type houses, loggias often have a small area and are located too close to each other. Will every owner like it when their neighbors smoke on the balcony? And it’s not just about personal attitudes to the smell of cigarettes. A balcony located next to the smokers’ loggia may belong to a person with respiratory diseases or a family with small children, which means that we are talking about harm to the health of others.
Interesting: When can you drive in dedicated lanes?
Living in a communal apartment: how not to pay for your neighbor
- This is a communal apartment, this is a communal country!
Photo: Timur KHANOV
In previous issues of the “House Manager” column, we talked about where the numbers in bills for hot and cold water, heating, and electricity that apartment residents consume come from.
— What about utility bills? — our reader Elena Kuznetsova asked a reasonable question. — How to divide the costs for water among everyone? What to do with debtor neighbors?
The representative of the “School of Owners” project from the Prominvest Management Company, Svetlana Yakovleva, helped us figure out these and other questions.
EVERYONE FOR HIMSELF
— How to distribute the readings of the general apartment water meter among the residents in a communal apartment? For example, one person lives in a room, and three live in the next room. Does everyone really pay the same?
— In a communal apartment, the owners are required to install in-room energy meters. Residents can, by agreement among themselves, choose the procedure for paying for resources: either divide the consumed resources by the number of registered people in the apartment, or by the actual residents. In any case, the obligation to install meters from the owners of premises in communal apartments is not removed.
For example, in a communal apartment there are three orders. One owner does not live in his room. The other lives with his wife and child. The premises of the third owner are a family of five. Thus, in fact, eight people live in the communal apartment. An owner who does not live in the apartment, does not waste water, gas and electricity, will not pay for intra-apartment resources. This means that the total amount of resources spent must be divided between the families living in the apartment in proportion to the number of people who occupy the area, that is, by eight people.
For example, ten cubic meters of cold water were spent in an apartment in a month. A family of three will pay for 3/8 of the resource consumed by everyone: 10 x 3/8 = 3.75 cubic meters.
A family of five people will pay 5/8, which means 6.25 cubic meters of water. We also calculate: 10 x 5/8
If the owner returns to his room, then the share of each family in the amount of resources spent will change. And the amount of resources spent will need to be divided by the nine people living in the apartment.
— Is it possible to install a water meter in each room? Or is this only possible with an electric meter?
— In accordance with building codes and regulations (SNiP), the arrangement of “wet” rooms above “dry” ones is prohibited. Thus, it is impossible to organize cold water supply for each room separately, which means it is no longer possible to install meters.
WE COUNT SQUARES
— Let’s assume that meters have not been installed in the communal apartments. People pay according to standards. What to do then?
— The owner will pay for utilities according to the number of people living in his room. Heating is charged based on the occupied area - the number of square meters. Electricity is paid according to the meter. Water and gas - based on the number of registered residents.
— A reader asks: “Are there any rules, laws, regulations on the issue of paying for electricity in common areas in a communal apartment: in the toilet, in the kitchen? I recently bought a room, and so far I have neither a refrigerator, nor a washing machine, nor a dishwasher, so I spend much less electricity than my neighbors.”
“Unfortunately, there are no clear rules in the law regarding this matter. As I already said, in most communal apartments each room has its own meter and personal account. But if the apartment has one meter for everyone, the neighbors must choose the payment system themselves. Either by how many residents, or by the number of electrical appliances.
WILL NOT BE LEFT WITHOUT WATER
— If there is one persistent defaulter in a communal apartment, can the entire apartment be disconnected from water, electricity or heating?
— According to the law, these measures can only be applied to the debtor, but this cannot affect other owners. In addition, only those resources that do not affect other areas of the apartment can be disconnected to the defaulter. For example, in almost all communal apartments in St. Petersburg, each owner has his own electricity meter, which means it is possible to turn off the lights in only one room. If there is only one faucet in the bathroom, then no one has the right to stop the water supply. Unless the entire utility refuses to pay its bills.
— In general, can a neighbor’s debt be distributed among other residents, as in the case of apartment buildings, where people pay for the inhabitants of so-called rubber apartments? Do counters help in this case?
— Owners, by drawing up an act of residence for unregistered citizens, can avoid paying for other people’s resources both inside the communal apartment and in the house as a whole.
On June 1 of this year, Government Decree No. 344 came into force, according to which the house manager can draw up an act confirming the fact of residence of unregistered neighbors, certifying the document with the signature of two owners and the chairman of the house council, if there is one. Based on the act, the accounting department of the management company or HOA can charge additional fees for the careless owners of the room who allowed illegal tenants. The invoice will be presented for the entire period of stay. Thus, the burden of paying for “other people’s” cubic meters of water will be lifted from bona fide tenants.
In addition, the problem of eviction of unregistered tenants must be resolved by contacting the police, migration service, court and other authorities.
Upon request from the owners, the district police officer must come to the place, check your message and draw up a protocol on the administrative offense under the article “Residing without registration.” According to the protocol, the owner of the room will pay a fine, and illegal immigrants will be forced to leave the occupied space.
— How to calculate fees for general house needs for residents of communal apartments?
— According to Government Resolutions 354 and 344, fees for general house needs are charged in accordance with the share of the occupied area, as well as the number of residents. In this case, the charging system is the same: both for residents of individual apartments and for residents of communal apartments.
————————————————————
“House manager” is a man’s friend!
Communal services, like someone else's soul, are in the dark. You can't understand all the subtleties alone. Meanwhile, ignorance sometimes costs a tidy sum. Our section will help you. Send your questions, report problems, and our experts and I will tell you how to solve them.
Leading column email address: spb- [email protected]
Rules for living in a communal apartment, or How to establish civilized relations
The government is actively helping citizens give up the harmful and destructive habit of smoking. Increasing prices for tobacco and cigarettes, taboos on smoking in public places, and even promoting the vaping movement. All this should help you quit smoking. But many of us cannot imagine our day without cigarettes. The logical and successful end of a busy day is to stand on the balcony, looking into the distance, take a drag on a cigarette and feel that you are now at home, that all the problems and torments at the moment mean nothing. But is it possible to smoke on the balcony? And what should you do if you are a non-smoker, and your neighbors stubbornly create a smoke screen with their smoking on the balcony, not giving you the opportunity to ventilate your apartment before going to bed?
Smoking in the entrance of a residential building: fine in 2020
“One man’s freedom ends where another man’s freedom begins,” wrote Russian philosopher Mikhail Bakunin. This idea runs through all human activity - I am free as long as my interests do not affect the interests of others. There is quite a lot of controversy around the meaning of this expression: some interpret it as the impossibility of going beyond the law, others say that everyone should be equal, and others think that this is a limitation of any activity to certain limits. And wherever this phrase is used, controversy is automatically attached to it. It’s the same story with smoking on the balcony. Is it possible to smoke on the balcony of your apartment? What to do if your neighbors smoke and the smoke comes towards you? What are the dangers of having smoking neighbors and how dangerous are they? Let's start, perhaps, with how it can harm you if your neighbors smoke on the balcony.
Interesting: List of compulsory medical insurance services in dentistry
Smoking in an apartment in an apartment building
Penalties are imposed for violation of established rules. There is no penalty for smoking in the apartment, since this housing is not classified as a public place. Even for such premises there are certain restrictions.
Smoking is permitted within your own living space, except when it causes discomfort to neighbors.
You can smoke near your home in specially designated areas. They need to be placed away from children and first floor windows.
- Why do bruises appear for no reason?
- These foods can cause sudden heart attack
- Caesar salad with chicken at home - how to prepare it correctly according to step-by-step recipes with photos
If a large number of smokers live in an apartment building, you can allocate a special place for them. It must be equipped with a ventilation system, ashtrays and fire extinguishers.
On the balcony
Smoking tobacco on the loggia is not prohibited. It is important that the smell does not cause inconvenience to neighbors. You cannot smoke on the balcony if it is shared with other apartments or has access to the landing. This is considered a common area, cigarettes can only be used if the neighbors do not object.
In the toilet of his apartment
A homeowner cannot be prohibited from smoking in his home. If this is done in the toilet, the smell of cigarette smoke may penetrate through the ventilation to the residents of other apartments, and neighbors will file a complaint.
The solution to the problem is to install a powerful hood.
In a communal apartment
If the housing is designed for several owners, smoking is only allowed in your own room. Other premises of a communal apartment belong to public territory. To avoid conflicts, you need to discuss with your neighbors where you can smoke cigarettes.
A good option is to install exhaust ventilation.
In a rented
If the property is rented, the possibility of smoking should be discussed with its owner. It is permissible to do this when there are no objections. It is important to specify a smoking area. If the walls and furniture smell of smoke, the landlord can evict the tenant.
What to do if neighbors smoke on the balcony and the smell comes into the apartment 2020
On February 20, 2020, the bill was approved by the Federation Council, and on February 23, 2020, it was signed by Russian President Vladimir Putin. Changes to the law on the sale of cigarettes for 2020 compared to the initial text of the bill; by the time it was signed, the document had undergone many changes and amendments, but with its rules it imposes a complete ban on smoking in a larger number of public places, leaves the possibility of selling tobacco products only in large stores and actually completely restricts the sale of cigarettes through kiosks and stalls.
