main content The Smoke free Regulations and Private Accommodation

Are you a landlord/managing agent of a residential premises that has ‘common areas’ such as shared hallways, kitchens, bathrooms and living rooms? If so the Smoke free legislation, which comes into force in England on the 1st July 2007, applies to you.

The new law requires that virtually all enclosed public areas and workplaces will become smoke free, in accordance with regulations made under the Health Act 2006.

Premises will be considered ‘enclosed’ if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed.

The main purpose of the legislation is to protect employees and members of the public from the effects of second hand smoke, which are known to cause a range of serious medical problems such as lung cancer and heart disease.

Second hand smoke can linger in enclosed spaces long after someone has been smoking and scientists have found that ventilation systems are not able to eliminate the risks of second hand smoke.

The legislation covers the smoking of tobacco or anything that contains tobacco, or the smoking of any other substance, including cigarettes, pipes and cigars.

With residential accommodation the regulations set out that private dwellings will not be required to be smoke free, with the exception of any parts of the premises that are used in common by more than one premises, e.g. a common indoor stairwell in a block divided into flats or a communal kitchen in a shared residence.

Our Environmental Health & Trading Standards Division will be responsible for enforcing the Smokefree legislation, which makes it an offence for someone to smoke in such premises and carries a fixed penalty of £50 or a fine not exceeding £200.

All smoke free premises/areas will have to display no smoking signs that meet the requirements as set out in the Smoke free (Signs) Regulations. Further information about the signage and how to obtain it.

Owners/managers who fail to display no smoking signs face a fixed penalty of £200 (discounted to £150 if paid within 15 days) or a fine not exceeding level 3 on the standard scale (currently £1000). Further, owners/managers who fail to prevent smoking in a smoke free premises face a fine not exceeding level 4 on the standard scale (currently £2500).

Further information about Smoke free Bromley.  If you would like to give up smoking, Bromley Primary Care Trust provide a Bromley's Stop Smoking Service.