Can you smoke on the balcony?

It was once possible to smoke almost everywhere, because today's knowledge about the damage caused by passive smoking was lacking.
In addition to the important health reason, it must also be considered that being able to smoke in some places would lead to an unjustified compression of the freedom of others.
Non-smokers would be forced to tolerate smoking, even to the detriment of their health, or to leave.
Consequently, the law prohibits smoking in closed places open to the public or users (such as workplaces, for example), while smoking is permitted in closed private places.
It is clear that you can smoke in your own home, but you still need to take some precautions.
The balcony is an appurtenance of the house which, however, is located outside.
Smoking on the balcony risks annoying your neighbors and even compromising their health.
The freedom to act in one's own home inevitably clashes with the rights of others and it may not be easy to find a compromise.
Here's what the law states.
Can you smoke on the balcony? To smoke on the balcony you must make sure not to annoy the neighbors.
A principle that is not always easy to understand, because we tend to think we can do anything inside our own home.
In reality, the law sets limits to protect the community.
The anti-smoking law does not prohibit smoking on the balcony, also because the latter represents an area of the home, within which those who live there have an indisputable freedom to act.
A freedom that is not absolute, however, as established by the Civil Code.
The legislation, in fact, must balance the interest of the individual with that of the community, asking for this purpose to ensure that one's actions are not prejudicial to others.
How many times have we heard the maxim “my freedom ends where yours begins”? The underlying principle is almost this, in fact article 844 of the Civil Code provides for the freedom to cause emissions within the limit of normal tolerability.
This threshold depends on numerous factors, which in turn depend on the type of entry examined.
For example, regarding noise, among other things, time and environment are taken into account.
Regarding cigarette smoking, or similar, we must undoubtedly adopt more restrictive interpretations.
This is because passive smoking is incontrovertibly harmful and our legal system carefully protects the right to health.
read also Can you smoke while driving? When the fine is triggered When you can smoke on the balcony The rule is therefore that you can smoke on the balcony as long as you do not exceed the normal tolerability, therefore taking care not to cause damage to your neighbors.
As already mentioned, it is not always easy to identify this limit level, both for smokers and for disturbed neighbors who want to know when to intervene.
The particular case is evaluated by the judge based on all the elements, but generally it is important to consider: The distance between the balconies; the amount of smoking (and therefore of cigarettes smoked or number of smokers at the same time); the health conditions of neighbors, the presence of minors or pregnant women; the moment when you smoke on the balcony.
For example, those who live on the top floor of an apartment building can easily smoke a few more cigarettes, since the smoke going up will not disturb the tenants below.
Or, smoking on the balcony becomes more tolerable when the neighbors have their windows closed (for example when they are not at home or during the night), but be careful: if the neighbors are forced to keep their windows closed precisely to avoid smoke it is well beyond the threshold of normal tolerability.
It is therefore also necessary to evaluate the ability of the smoke to spread to neighbors, especially in the presence of situations worthy of protection.
Think, for example, of your neighbor who suffers from asthma.
Furthermore, we must not forget not to bother neighbors with ash and cigarette butts – or other waste products – while respecting the neighborhood and the environment.
Throwing cigarettes from the balcony, moreover, can constitute the crime of dangerous throwing of things.
If the threshold of normal tolerability is exceeded, the neighbors have the right to file a civil lawsuit to obtain the cessation of the behavior and also compensation for the damages suffered.
read also Smells of smoke from neighbor, what to do? Smoking in a condominium Those who live in a condominium must respect some additional limits regarding smoking.
Smoking is in fact prohibited in all indoor common areas and for outdoor ones, such as the courtyard, the same limits that concern the balcony must be respected.
Smoking on the balcony inside a condominium, moreover, can be fundamentally prohibited, because balconies and windows of homes are often at a very short distance from each other.
Finally, it is necessary to take into account any condominium regulations, which may provide for additional sanctions to those provided by law that can be paid directly by the condominium administrator.
read also New smoking bans, here's where you can no longer smoke