Since the introduction of the smoke free regulations in 2007, it has been against the law to smoke in the communal areas of blocks of flats. Smoking still can however, from time to time, cause disputes amongst neighbours. In this blog, we aim to explain why the ‘no smoking’ rule exists and what it means for you and your building.
What are the smoke free regulations?
The smoke free regulations came into effect from the 1st July 2007, to ensure all workplaces and public areas would be smoke free (with a few exceptions). This meant that all across the country the way that workplaces and local authorities dealt with smoking had to change. The common parts of blocks of flats were captured by this change, given that workplace legislation invariably applies to the communal areas, and enclosed common parts became designated ‘no smoking’ areas where they are less than 50% open sided.
Signage is now required on the premises to alert all users that it is a ‘no smoking’ area. Interestingly however, smoking within individual flats is still permitted, unless prevented by other rules in force; for example a tenancy agreement.
What are the consequences for non-compliance with the regulations?
Smoking in the common areas of your block could land you with a fine up to a £200 from the local authority. It may also mean that your management company, freeholder or managing agent must request you to stop; this can escalate for persistent offenders with legal action for those in breach of their lease.
But why always me?
Often, smokers might feel picked on, however it is important to remember that while an individual smoking can be fined up to £200, a company who fails to challenge smoking in the common parts could be fined up to £2,500 as the regulations put a duty on them to challenge anyone breaking the law in their building. Therefore it is not a personal attack, merely the company carrying out their duty under the regulations to protect other residents and particularly children from the effects of smoking.
Further to this, while a leaseholder is within their rights to smoke in the privacy of their own home, with a view to health and safety some companies and contractors may have policies in place that allow employees to refuse entry to a flat where the resident smokes. This may cause delays where you wish a contractor, member of onsite staff, or your managing agent to visit your home to look at a problem.
What can I do if I have a complaint about smoke in my building?
It is a fairly frequent occurrence for a resident to complain about the smell of smoke somewhere in a residential building.
As above, smoking in the common parts of a building is an offence and those responsible can be issued with a fine by the local authority. It is also important to let your managing agent know, so that they can get in contact with the responsible individual about smoking in the common areas.
If someone is smoking within their flat and it is causing a nuisance, your managing agent will need the identity of that person from you in order to explain to them the impact the smoke is having on others and the common areas. If the person is a tenant, there are usually ‘no smoking’ clauses in their tenancy agreement which can be called upon as well.
What about vaping?
Currently vaping is not included in the 2007 regulations, however the government is presently working on new legislation to encompass vaping as well as smoking, and potentially expanding smoke-free areas to include some outdoor spaces. This is expected to come into effect by 2027, so it is important to keep up to date with these expected changes.
What are the solutions?
In most scenarios, the best solutions are often small compromises. This usually means that rather than people smoking in prohibited spaces like the communal hallways or within their flats in the midst of other neighbours, many management companies try to provide suitable smoking areas to minimise the impact on others. By distancing smoking areas from windows for individual properties, it can avoid disruption to other residents and children and allow convenient areas for those that wish to smoke.
Living in such close proximity to so many people can be one of the main challenges with communal living, such as in blocks of flats. With a little communication and cooperation, it is often quite straightforward to find a practical compromise to address any issues that may arise. We recommend speaking to your managing agent for help and support to address any issues affecting your property and for options to help resolve any concerns.
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