How to substantiate it
Non-pecuniary harm is substantiated by repeated exposure, inability to use the apartment normally, effects on children, health, sleep and living conditions, and the duration of the dispute.
Non-pecuniary damages for neighbours’ smoking
How to substantiate non-pecuniary harm and why the court assesses both smoking and its effects on residents.
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.