Can I vape where smoking isn't allowed?
It depends on the place: in many spaces it's already banned. The e-cigarette (vaping) isn't free anywhere: the rules already ban its use in several spaces where smoking isn't allowed either, such as public-administration premises, public transport, healthcare centres, education centres (except open-air university ones) and children's play areas. In enclosed bars and restaurants it's usually banned too. There's also a new anti-tobacco law in process (draft approved, not yet in force) that equates vaping to tobacco and will extend bans to hospitality terraces, transport stops, venues and other open-air spaces. Until it's published in the BOE, the current rules apply.
📋 The rules
- Vaping is already banned in many smoke-free spaces
- Banned in administrations, transport, healthcare and education
- Banned in children's play areas and enclosed hospitality venues
- New law (draft) equates it to tobacco: not yet in force
- Will extend the ban to terraces and other outdoor spaces
🔓 Exceptions
- Private and open-air spaces not included: allowed for now
- When the new law passes, many bans will apply on publication
- Regions and municipalities may bring forward their own restrictions
⚠️ Penalties & fines
Vaping in a space where it's banned is an offence under the anti-tobacco rules, fined (minor ones from a few tens of euros; higher in aggravated cases), just like smoking where it's not allowed. Selling to minors e-cigarettes and liquids is banned and heavily sanctioned. It's best to follow each venue's and space's signage, and to watch for the entry into force of the new law, which will extend smoke-free places (terraces included) and restrict disposables.
📎 Official sources
- BOE · Law 28/2005 on measures against smoking (and e-cigarettes) →
- Ministry of Health · Draft tobacco law (smoke-free spaces) →
- Administración · Tobacco and health →
❓ Frequently asked
Can I vape in a bar or restaurant?
In enclosed hospitality spaces, no: the e-cigarette is generally banned just like tobacco. On terraces it still depends, but the new anti-tobacco law in process plans to ban smoking and vaping there too.
Where is vaping banned right now?
In public-administration premises, public transport, healthcare and education centres (with some open-air exception), children's play areas and, generally, in enclosed spaces of public and collective use.
Is the new anti-tobacco law already in force?
No. The draft was approved by the Council of Ministers and is in process, gathering the required reports. Until it's definitively approved and published in the BOE, the current rules on tobacco and vaping still apply.
What will change with the new law?
It equates vaping to tobacco and extends smoke-free spaces: it would ban smoking and vaping on bar and restaurant terraces, transport stops and other outdoor spaces, and ban single-use e-cigarettes, among other measures.
Can I be sold a vape as a minor?
No. Selling e-cigarettes and their liquids to minors is banned and sanctioned. The new law also reinforces measures to reduce teenagers' access to tobacco and related products.
🔎 Common searches
What people search to land here:
- “vape where banned”
- “e-cigarette bar restaurant”
- “new anti-tobacco law vaping 2026”
- “vape terrace banned”
- “fine vaping public space”
- “sell vape minors banned”