Can you smoke on your own balcony in an apartment building?
It depends — since 2021 you cannot always smoke on your own balcony, and the myth that 'it is my balcony, my property, I do as I like' is legally wrong. From 1 January 2021, under Article 19 of the Law on Tobacco Control, smoking on the balconies, terraces and loggias of apartment buildings that belong to individual owners is banned when even one resident of the building objects. The objection is filed with the municipality, which adds the building to a list and gives notice of the ban. In addition, smoking in common areas — stairwells and lifts — is banned at all times. The key thing people miss: even where there is no objection, a smoker must ensure the smoke does not drift into a neighbour's rooms; if it does, the neighbour can demand that the nuisance stop. Breaching the ban brings administrative liability — a warning or a 20–90 € fine.
📋 The rules
- Since 2021-01-01 balcony smoking is banned if even one resident objects (Tobacco Control Law, Art 19)
- The objection is filed with the municipality, which lists the building and gives notice
- Smoking in common areas — stairwells, lifts — is banned at all times, with no separate objection
- A smoker must ensure the smoke does not drift into a neighbour's or another flat's rooms
- A breach brings a warning or a 20–90 € fine (Art 492 of the Offences Code)
🔓 Exceptions
- As long as no resident has objected, smoking on your own balcony is not directly banned
- The ban covers balconies belonging to individual owners; common spaces are covered by the general ban anyway
- Residents may agree stricter internal house rules on smoking among themselves
⚠️ Penalties & fines
Here the risk is not just a fine but ongoing conflict with the neighbours. For smoking where it is banned, Article 492 of the Code of Administrative Offences provides a warning or a 20–90 € fine, and the breach is recorded by officers. What people miss: when smoke regularly enters a neighbour's flat, this may count as a breach of the neighbour's rights, over which the affected person can also act civilly — demanding the nuisance stop or claiming damages. Once an objection is filed, the building goes on a public list, so the ban applies to everyone, not just one flat. Repeated breaches mean repeat fines and strained relations in the community. In practice the calmest course is to smoke so the smoke does not disturb others, or in designated places.
📎 Official sources
- e-seimas · Law on Tobacco Control (Art 19) →
- NVSC · smoking restrictions in apartment buildings →
- Vilnius City Municipality · ban on smoking on balconies →
❓ Frequently asked
Can you smoke on your own balcony in a block of flats?
You may smoke on your own balcony as long as no resident of the building has objected to smoking. As soon as even one resident files an objection with the municipality, smoking on that building's balconies, terraces and loggias becomes banned.
How can a neighbour ban balcony smoking?
Any resident of the building can file an objection with the municipality against smoking on the block's balconies, terraces and loggias. Once it is received, the municipality lists the building, and from then on the ban applies to all residents.
What is the fine for smoking where it is banned?
For smoking in a prohibited place, Article 492 of the Code of Administrative Offences provides a warning or a 20–90 euro fine. Repeated breaches may be punished more strictly, and the offence is recorded by authorised officers.
Can you smoke in the stairwell or lift?
No, smoking in common areas — stairwells, lifts and corridors — is banned at all times, with no separate resident objection needed. This ban applies regardless of whether the building is on the balcony ban list.
What if a neighbour's smoke drifts into my flat?
A smoker must ensure that tobacco smoke does not enter other people's premises, so you can file an objection with the municipality about the smoking. Persistent nuisance can also be challenged civilly, demanding it stop or claiming damages.
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