The Student Room Group

Surely I'm allowed to smoke on my own balcony... right?

To briefly explain the situation, my family sold our house a few months ago and moved to an apartment that we own, until we find another house.

My parents don't allow me to smoke in the house (which I don't mind), and luckily we have a balcony that I always use to smoke.

There is this old man that also lives in these apartments, and sort of 'heads up' a committee (sp? :confused: ) for our apartments, and is well, rather annoying.

Anyway, I was just on my balcony smoking, and he was walking up the road to go into his apartment. I don't know if he's ever seen me before, but upon seeing me, he stopped in his tracks, and stared at me for a good 20 seconds. I pretended I couldn't see him, and eventually he walked on.

I'm worried now he's going to make some sort of complaint about this. I don't want to cause trouble for my parents. But SURELY it's completely legal for me to smoke in my own home (I understand as it's on a balcony it's technically not in my own home, but surely it's the same thing).

There are signs on the very outside doors that you enter to get to your apartment - the standard sign you see everywhere now - 'it is illegal to smoke on these premises', but surely that only applies to the communal areas i.e. the corriders. If I did smoke inside our apartment, surely that's perfectly legal too, as it's my own home.

This has turned into a longer post that I intended, but I'm just wondering if he has any just cause to make a complain against me? Or is he just an annoying old snooty man that likes to complain, and if he does I can tell him I'm well within my rights...?

Ideas, anyone? :confused:

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Reply 1
maybe he had a small stroke? :p:

but seriously, i think if it's a communal area it's not allowed but balcony should be ok.
Read the rental agreement or lease.
Reply 3
it's usually legal to smoke on your balcony
in my flat it says "it is illegal to smoke in the common parts of this building"
Reply 4
Of course its legal, nobody owns that bit of air you are smoking into. They can request that you don't but you aren't going to get fined or anything. I say, kidnap the weird old man get him naked and cover his body in nicotine patches :p:
Abeille
Of course its legal, nobody owns that bit of air you are smoking into. They can request that you don't but you aren't going to get fined or anything. I say, kidnap the weird old man get him naked and cover his body in nicotine patches :p:

you're my kind of girl!:p:
It's legal (for now).
Conceivably your property could be appropriately burdened to prohibit smoking, but I've never, ever heard of a case of that happening.

It wouldn't make it a criminal matter though.

I'd imagine your old man probably thought 'look at that young rabscallion out there on his balcony having more fun during his five-minute fag session than I have in a week.' Pensioners just like staring at things.

The appropriately response is to stare back.
I don't quite get what's wrong. Either you;re in your own apartment, or you're on your balcony OUTSIDE. wtf?
Old staring people :rolleyes:
I doubt its illegal. Like I always say; if in doubt, do it anyway.
Reply 11
I reckon it's legal.
It's all good, it's your balcony!
Reply 12
you know im not actualy sure it is in the case. because theres a sign that says 'it is illegal to smoke on these premises' it would depend where the premises line stops surely :s-smilie: is the balcony covered/enclosed?
There are two issues. (1) It may or may not be actually illegal to smoke on the balcony. This, I suspect is not true, as the balcony sounds as if it is part of a private home. (2) It may, though, breach a condition of the rental agreement or lease for occupants to smoke in public areas of the building, or on the balconies of individual apartments. This latter may be enforceable by other occupants via a management company or tenants association, with sanctions available to punish the perpetrator.
It certainly will not be a criminal offence to smoke on a balcony or in a private apartment. That's absolutely ludicrous to even consider.

What is possible is that it will be prohibited by terms agreed to on purchase.

Good bloke
breach a condition of the rental agreement or lease


The OP has stated a few times that they own the apartment rather than rent it.
Lib North Mk.2

The OP has stated a few times that they own the apartment rather than rent it.


Apartments in the UK are pretty well always owned on a leasehold rather than freehold basis and there is, in that case, a lease.
Good bloke
Apartments in the UK are pretty well always owned on a leasehold rather than freehold basis and there is, in that case, a lease.


Ah, I'm afraid we don't have that distinction up here in the wild north. I not aware that leasehold was still common down in England.

I defer to your superior knowledge.
Reply 17
It's completely legal for you to smoke there, a balcony is outside and on your property. Chill, he can't do anything apart from get his panties in a twist.
Reply 18
Maybe he wanted your fag and couldn't afford his own, so in an effort to make you drop yours he tried to outstare you.

Case solved!
If that balcony is a shared balcony, you can’t smoke