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Neighbour smokes on the balcony: what to do

Why balconies are a complex area, when you can demand an end to the violation and what evidence to collect.

Key points

Smoking on one’s own balcony is not always automatically prohibited, but a neighbour must not create conditions in which tobacco smoke regularly enters your apartment and interferes with using your home.

record dates and times;
record video of the smoke and open windows;
identify witnesses;
send a formal demand;
prepare evidence for court.

Inquiry

Describe where neighbours smoke and how smoke reaches you

The legal adviser will assess where to complain, what evidence to gather, whether a formal demand or court claim is worthwhile, and which costs may be recoverable.

smoking on balconies, in shared entrances or by lifts;
tobacco smoke entering through ventilation or a window;
complaints to the local police officer, property manager and Rospotrebnadzor;
a claim to stop the infringement and obtain non-pecuniary damages;
support with smoke or ventilation examinations.

Situation Your name Contact phone number or email * Where the infringement occurs Briefly describe the problem * Attach photos, videos, police responses, complaints and records I give consent to the processing of my personal data for the purpose of considering and responding to my enquiry.

How data is processed: Personal Data Processing Policy. Attach only necessary materials; redact unnecessary data about others.

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For court, repeated infringements and evidence matter: videos, witnesses, complaints, records, measurements and medical documents.

Attachments: up to 10 files of up to 10 MB each, with a maximum combined size of 15 MB. If a file is rejected, the enquiry is not sent.