There will be no ban on smoking on balconies in apartment blocks
Neither MPs nor the government intend to introduce a statutory ban on smoking on balconies in apartment buildings. This is yet another such proposal that has been rejected.
This isn't the first petition on this matter, submitted to both the Ministry of Health and the Parliamentary Committee on Petitions . This time, the petitioner uses his own example:
"My family, including my 5-month-old son, is personally struggling with cigarette smoke entering our apartment from the neighbors' balcony. Despite previous requests and warnings, smoking continues, and the smoke prevents us from safely opening windows and enjoying fresh air. Current regulations do not adequately protect residents of multi-family buildings from so-called neighborly smoke ," the author argues.
He demands the introduction of a statutory ban on smoking tobacco products on balconies .
The Parliamentary Research Bureau (BAS) , which reviewed the proposal, explains that the matter is complex and would require detailed legal analysis. This is not only about the constitutionality of the potential ban, but also about determining whether it would violate property rights .
See also:
"A balcony, when used exclusively by the owner of the premises and the persons residing with them, is classified in case law as a component part of the residential premises. Restrictions on ownership rights, although permissible, must meet the requirements specified in the Constitution," BAS states.
He also adds that such an analysis could be carried out if the Petitions Committee were to find that the current provisions were indeed insufficient .
However, it appears that there will be no statutory changes for now . MP Marcin Józefaciuk from the Petitions Committee emphasized that the current regulations effectively discipline individuals who smoke in a manner that is disruptive to others. He presented a legal analysis, which other MPs agreed with.
Although the law will not be amended, local governments, cooperatives, and housing communities can independently introduce smoking restrictions within their jurisdictions. For example, one Gdańsk community adopted such regulations a year ago.
Let us remind you that the smoking ban applies in places indicated in Article 5, paragraph 1 of the Health Protection Act, i.e., among others:
in medical and educational facilities,
on university and workplace premises,
in catering and entertainment establishments,
in public transport and at stops,
in sports facilities, children's playgrounds and other public spaces.
Breaking the ban may result in a fine of up to PLN 500 .
Source: sko Updated: 10/11/2025 16:00
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