Can I smoke on terraces and in public spaces?
In enclosed places, no; on terraces, still yes — but it's about to change. Today, Law 28/2005 bans smoking in enclosed public and workplace spaces, and outdoors in playgrounds and health and education premises. Café and restaurant terraces are still allowed. However, the draft new tobacco law, approved by the Council of Ministers in September 2025 and in parliamentary process, plans to extend the ban to terraces (covered or not), open-air venues, transport shelters, sports facilities, urban beaches and a perimeter around public buildings, and equates vaping with tobacco. It's worth tracking its entry into force.
📋 The rules
- Banned to smoke in enclosed public and workplace spaces (Law 28/2005)
- Banned in playgrounds and health/education premises
- Terraces: currently allowed
- New law (pending): will extend the ban to terraces and more spaces
- The new law equates vaping and similar with tobacco
🔓 Exceptions
- Private homes and private spaces: outside the ban's scope
- Smokers' clubs and very specific designated areas
- Until the new law takes effect, terraces follow the current regime
⚠️ Penalties & fines
Smoking where it's banned is an offence sanctioned, by severity, with fines of EUR 100 to 600 (minor) and higher in serious cases. The new tobacco law, once in force, will keep that scheme and add higher fines for businesses that breach it (up to hundreds of thousands of euros in very serious cases). Selling tobacco and vaping products to minors is banned and sanctioned.
📎 Official sources
- BOE · Law 28/2005 (anti-smoking measures) →
- Ministry of Health · Draft tobacco law (2025) →
- Administración · Where smoking is banned →
❓ Frequently asked
Can you smoke on terraces in Spain?
For now yes: café and restaurant terraces follow the current regime of Law 28/2005. But the draft new tobacco law, in process, plans to ban smoking on terraces too, covered or uncovered.
Where is smoking currently banned?
In enclosed public and workplace spaces, and outdoors in playgrounds, health and education premises. Outside those cases, like terraces, smoking is still allowed until the law changes.
When does the new tobacco law take effect?
As of early 2026 it remained a draft in parliamentary process, with no definitive entry into force. It was approved by the Council of Ministers in September 2025. Track its publication in the BOE.
Does the new law affect vaping?
Yes. The draft equates e-cigarettes and related products (vapes, shishas, nicotine pouches) with conventional tobacco, extending the same use bans in the affected spaces.
What's the fine for smoking where you shouldn't?
Minor offences, like smoking in a banned area, bring fines of EUR 100 to 600; serious ones, higher amounts. For businesses that breach it, the new law plans sanctions that can be very high.
🔎 Common searches
What people search to land here:
- “smoking terraces spain 2026”
- “new anti-smoking law terraces”
- “where is smoking banned”
- “law 28/2005 tobacco”
- “vaping banned new law”
- “fine smoking banned area”