I am very aware that no topic is likely to raise emotions higher and that the opinions of the readership on this matter will be split. There is, however no escaping facts – and the fact is the smoke free legislation that came into force on 1st July does apply to the common areas of residential buildings. This may be a cause for concern and annoyance to some people but I can reassure everyone that it does not apply to the private living areas of the residents within the blocks.

I have already been told of instances where residents have refused their managing agent permission to put no smoking posters up and in some cases have even resorted to removing the posters that have been dutifully placed in the required positions. While this may seem a reasonable action to those concerned it is illegal and could result in a fine.

Permanent or temporary

If any part of a communal area within a property is enclosed or substantially enclosed then they must be maintained as smoke-free areas. In simple terms premises will be deemed enclosed if they have a ceiling or roof and are surrounded on all sides by walls except for doors, windows or passageways. This applies whether the premises are of a permanent or temporary nature. Also premises will be deemed to be substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls that are less than half of the total areas of walls such as a shelter with three walled sides and one open side.

It is a legal requirement that no smoking signs are displayed in prominent positions within smoke-free areas. In the case of residential buildings signs must be placed prominently at each entrance to the building and these signs must be a minimum of A5 size and must bear the international no smoking symbol and the wording ‘no smoking’. It is against the law to smoke in these premises.

Although the idea of placing the signs on the back of entrance doorways may be appealing it is not allowed because that obviously renders them ineffective as they would be hidden from view and would not be considered to be in a prominent position.

Bear in mind that this legislation will be policed by the local authorities who have the power to impose the following penalties: Anyone found smoking in smoke free premises/areas face a fixed penalty notice of £50. Failure to display the appropriate no smoking signage in smoke free premises will result in a fixed penalty notice of £200. Failure to prevent smoking in smoke free premises will result in a fine not exceeding Level 4 on the standard scale, up to £2,500.

Own actions

Individuals who smoke in smoke free areas are responsible for their own actions and as such would face the consequences of a fine. However the removal of no smoking signage and refusing permission for the placing of signs could result in other individuals being fined, which seems unfair.
So please do not get cross at the managing agent or RMC director when they put the signs up – they are only doing what is legally required!