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Raghavendra Swamy   14 May 2025

Clarification on legality of smoking in apartment balconies in hyderabad

Dear All,

 

I am the owner of a flat in an apartment complex in Hyderabad, which I have currently rented out to a tenant. The tenant occasionally smokes on the balcony of the flat, which is located on the 3rd floor.

However, residents on the 4th floor have raised concerns, stating that smoking should not be permitted within the apartment premises. Interestingly, they seem to have no objection to alcohol consumption within the flats.

To the best of my knowledge, smoking within one’s own private residence, including the balcony, is not illegal in Hyderabad. I would like to confirm whether this behavior is legally permissible, or if I am required to impose restrictions on my tenant in this regard.



 5 Replies

R.K Nanda (Advocate)     14 May 2025

Smoking on balcony of flat is not illegal and other flat owners can't object to it.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     14 May 2025

Yes. I agree with the reply of Sri RK Nanda, sir.

T. Kalaiselvan, Advocate (Advocate)     14 May 2025

Smoking on your apartment balcony is generally not an illegal act, but it might be prohibited by building rules or local regulations. 

While there are laws prohibiting smoking in public places, your balcony is part of your private unit and is not considered public, unless it's a shared balcony accessible to all residents. 

Many apartment buildings have their own rules and regulations, including smoking restrictions, that you should check with your society 

If your smoking on the balcony causes a nuisance to your neighbors (e.g., smoke entering their units), you might be asked to refrain from doing so, but it might not be a legal violation in and of itself.

Smoking on apartment balconies is often restricted or prohibited to prevent smoke from entering neighbouring units. This rule may be specified in the lease or be part of city-wide laws regarding smoking in apartment buildings.

As a landlord you can decide further course of action in this regard.

 

Dr. J C Vashista (Advocate )     15 May 2025

Today neighbour (4th floor resident) has objected smoking which may be extended to what the tenant is eating tommorrow, is it not a non-sense.

However, no legal issue is involved in the post for consideration and obligation of experts on this platform.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 May 2025

By Dr. J. C. Vashista

Today neighbour (4th floor resident) has objected smoking which may be extended to what the tenant is eating tommorrow, is it not a non-sense.

The author of the post has already stated that the 4th floor resident has no objection for the 3rd floor resident drinking alchohol in the balcony. So he may have no objection if the 3rd floor resident eats anything.

The general public opinion nowadays is against smoking. So if the case goes to court the decision is likely to be against smoking. If the objection of the 4th floor resident is against the 3rd floor resedent smoking and not against his consuming alchohol, then it may be that the smoke goes up to the 4th floor and the resident is made to smoke passively.


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