Question 1

Smoking on Balconies

Accepted Answer

We have 27 apartments in our apartment block each with a balcony. Most apartments are owner occupied but there are 7 which are rented out. One of our owner occupiers has put forward a motion for smoking to be banned from balconies as he finds it unpleasant to be subjected to other people’s smoke. Most landlords have probably included in their tenancy agreements a clause that no smoking is allowed in the apartment to protect their property so inevitably their tenants smoke outside on the balcony. Owner occupiers can of course do what they like in their apartments or on their balconies. Has this issue cropped up before and what have other Residents Associations done? The FPRA replied: I am not a lawyer and we need to get a legal opinion about the specifics in your building but simply the situation since 2007, internal communal areas of block of flats must be smoke-free by law. Residents who smoke in communal areas can be prosecuted by the local authority and fined up to £200. Signage announcing that the premises are smoke-free must be placed in all blocks with internal communal areas. There are different regulations about signage for England and Wales. It is an offense not to display the signs. Whether you agree or disagree with the law, your landlord and managing agent have a duty to prevent anyone from smoking in communal parts of the building. If they do not challenge smokers they can be fined. Here is the link to the ARMA guidance which may help http://arma.org.uk/leasehold-library/document/smoke-free-regulations/page/1 With regards balconies providing they are SOLELY used by the flat owner and have less than 3 enclosed sides then my view would be that they would NOT be covered by the smoking the smoking ban.

Question 2

Smoking on Balconies

Accepted Answer

We have 27 apartments in our apartment block each with a balcony. Most apartments are owner occupied but there are 7 which are rented out. One of our owner occupiers has put forward a motion for smoking to be banned from balconies as he finds it unpleasant to be subjected to other people’s smoke. Most landlords have probably included in their tenancy agreements a clause that no smoking is allowed in the apartment to protect their property so inevitably their tenants smoke outside on the balcony. Owner occupiers can of course do what they like in their apartments or on their balconies. Has this issue cropped up before and what have other Residents Associations done? The FPRA replied: I am not a lawyer and we need to get a legal opinion about the specifics in your building but simply the situation since 2007, internal communal areas of block of flats must be smoke-free by law. Residents who smoke in communal areas can be prosecuted by the local authority and fined up to £200. Signage announcing that the premises are smoke-free must be placed in all blocks with internal communal areas. There are different regulations about signage for England and Wales. It is an offense not to display the signs. Whether you agree or disagree with the law, your landlord and managing agent have a duty to prevent anyone from smoking in communal parts of the building. If they do not challenge smokers they can be fined. Here is the link to the ARMA guidance which may help http://arma.org.uk/leasehold-library/document/smoke-free-regulations/page/1 With regards balconies providing they are SOLELY used by the flat owner and have less than 3 enclosed sides then my view would be that they would NOT be covered by the smoking the smoking ban.

Smoking on Balconies

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