Residential Law


07 de December de 2021

A common problem in residential buildings is smoke and the strong smell of cigarettes, which violates the rights of neighbors.  Beyond the known health risks, there is also the consequent tension that can arise, especially between neighboring apartments.

When the cigarette (or other substance) smoke begins to affect the quality of neighbors’ air, residents and unions must take measures to respect these laws.  In buildings, a resident is permitted to smoke within their own apartment (exercising their ownership rights) – but without exceeding the property limits and without disturbing the wellbeing or health or security of any neighbors.

In this case, situations that residents cannot resolve among themselves – should be passed on to the residents’ union.  If this becomes a frequent issue, then it is up to the union to try and resolve to seek a solution (e.g. issue a warning or issue a fine to the smoker).  In the same form, smoking in open spaces is generally prohibited by state laws – leaving the only option in many cases, for the resident to smoke outside of the building complex entirely.

In addition to the actual smoke, there is also the issue of cigarette butts discarded out the window or verandah, which can result in fines for the building – in addition to the risk of accidents such as fires.

Any further questions regarding how to deal with smoking neighbors?

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