Analyzing the right to smoke in private and common spaces: a legal and ethical exploration of coexistence in neighboring communities. On private property, everyone can smoke freely, however, if this action harms your neighbors, they could take legal action against you.
In an increasingly health and wellness conscious environment, the rules about smoking in shared and private spaces function as a matter of debate and conflict. This article, supported by Spanish legislation, will examine these issues from a legal and ethical perspective.
Can I smoke on my terrace?
The law in Spain allows individuals to smoke on their private property, including the terraces of their home. However, this does not imply that it is free of restrictions. The General Law for Tobacco Control and its reforms establish that tobacco consumption is allowed on outdoor terraces, as long as they are not covered or that two of their sides are not closed.
This is easy if the house is single-family, but what happens in an apartment block? This is where the rules of coexistence and mutual respect come into play. You can smoke on your terrace, but if the smoke bothers your neighbors, they can take legal action against you, based on Article 7.2 of the Horizontal Property Law, which prevents owners and occupants from carrying out activities that are harmful to health on their properties.
Can I smoke in the common areas?
Regarding common areas, the General Public Health Law of 2011, in its article 26, prohibits smoking in playgrounds and areas where sports or leisure activities are accessible to the public, regardless of whether they are outdoors or not.
In addition, the common areas of the neighboring communities are shared spaces where the well-being of all must be respected. In this sense, smoking in these areas could require a violation of the rules of coexistence and, in some cases, could be subject to sanctions.
What do I do if a neighbor’s smoke bothers me?
In case of conflict, it is advisable to first try to resolve the situation through dialogue. If this doesn’t work, bring the problem up to the owners’ meeting. Ultimately, if the situation persists, you can go to court and file a lawsuit for annoying or unhealthy activities.
The question of smoking in private and common spaces is a mixture of laws and courtesy. While you can legally smoke on your deck, it’s important to be mindful of others and respect their right to a smoke-free environment. In common areas, the restrictions are clearer, with a ban on smoking in areas for leisure or sports. The best rule of thumb is considerate and mindful of others.
