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WHY do I have to put up with cigarette smoke from neighbours who smoke constantly in our rented flat? The terrace/balcony has no walls; it’s practically open to the sky – there are only windows.

1) We, a family of three, lived for years above neighbours who smoked several times a day on their balcony, and the smoke prevented us from enjoying our balcony to the full, as it bothered us. When we mentioned this, we were criticised for being intolerant and lacking understanding. In our current flat, people also smoke next to us on the loggia, though less often. As it faces west, however, the smoke drifts over to us and, when the loggia door is open, drifts into the living room, which of course bothers us just as much. 2) We eat out at restaurants from time to time. On these occasions, we are bothered by the smoke from customers and staff smoking outside the entrance and, in summer, by inconsiderate smokers sitting at neighbouring tables on the terrace. 3) In Aarau in particular, but also at many other railway stations in general, we are bothered by the smoke from smokers who light their cigarettes all along the platform and who often throw their cigarette ends onto the tracks, on the ground or into ordinary bins. Discussions with those in charge only lead to insults, arguments or hostile stares. As non-smokers, we feel completely defenceless and powerless in all these situations.

We live in a flat in a block of flats, on the top floor. Right at the bottom there is also a flat, with the same aspect, the same windows, etc. as ours. Smoking and the use of smoking products containing psychoactive substances – during the day, in the evening, at night, or early in the morning – very often forces us to close the windows and clean them using air purifiers, to keep the windows shut at night – even during sweltering summers – or to be woken up by this inconsiderate smoking behaviour. Furthermore, this is leading to an increasing number of health problems (lack of sleep, headaches, psychological stress). Discussions with the co-owners living on this floor have achieved nothing: they claim they have the right to smoke and that we have no say in the matter. Advice provided by AXA Winterthur legal protection insurance revealed that a letter had indeed been sent to the offenders, but that the case had subsequently been referred to the justice of the peace’s office. The justice of the peace’s office is demanding 500 francs and will only consider the case once this sum has been paid; it also adds that, given the current legal situation, a referral to court must be regarded as doomed to failure, as the legislature has simply not enacted any comprehensive provisions on this matter. Repeated discussions with the offenders and with the building management are getting us nowhere. It is a disgrace to see how the legislature has adopted unilateral provisions here – there is a complete lack of an overall vision. Presumably, in this much-praised Switzerland, the only option in this regard is to fall ill, lose one’s temper or move house. Well then!

I work in home care, and I am exposed to second-hand smoke for several hours a week; often, clients have just finished smoking when we arrive or haven’t aired their home. We haven’t signed any documents agreeing to work in a smoky environment. After my visits, I can smell cigarette smoke on my clothes and in my hair.

Because a new neighbour moved in (into the flat directly below ours), we were exposed to heavy second-hand smoke for nearly three years. The new neighbour (a pensioner), who had just moved in, was already smoking on her balcony every morning at 6 am – she was a heavy smoker who smoked very frequently! As my partner would leave the flat before 6 am, she used to leave the balcony door open to air the flat. By the time I got up at 6.15 am, the living room was already filled with cigarette smoke! We tried several times to speak to the neighbour and also informed the property management, but to no avail – the response was always the same: there is no legal basis for banning smoking on the balcony. It became increasingly impossible for us to air the flat for any length of time! Our quality of life has suffered enormously as a result. At work, I myself am increasingly exposed to second-hand smoke. There’s a bus stop in front of our office and, as the women on the team want the window to stay open at all times, the smoke drifts in through the open windows and seeps into the office. The smell of second-hand smoke isn’t unbearable, of course, but most colleagues don’t mind it at all – either because they smoke themselves or because they don’t dare speak up about it, for fear of not being taken seriously by the employer. It can be very difficult at times. Personally, I also don’t understand why bus and tram stops are increasingly becoming smoking areas. There are always lots of cigarette butts lying about there. What’s more, it bothers me in general that smokers still have to smoke in the middle of a crowd, even when events take place outdoors (concerts, public screenings, etc.); it’s simply starting to get on my nerves… I’ve noticed that respect for non-smokers seems to be dwindling more and more. Smokers do stand outside, for example in front of restaurants, but instead of moving a little way away from the door, they smoke right in front of the entrance… as soon as the door opens, the smoke usually wafts straight inside!

I have a neighbour who smokes a lot, right below my flat. The smoke always drifts upwards and as soon as I open the window, it immediately wafts into my flat. During a discussion, this smoker proved completely intransigent; she is no doubt too addicted. The smoke is truly foul-smelling and often makes me feel sick. I am therefore forced to open the window facing a very busy street, where the air is also unbreathable. This restricts my life and prevents me from doing what I want.

During intermissions or at the end of a performance (at cinemas, theatres, etc.), smokers crowd the outdoor area, often right in front of the doors. Smoke drifts into the buildings, and everyone is exposed to it when leaving as well.

At the Servion Zoo and Tropicarium, smoke permeates both indoor areas (with smoking areas and ashtrays right outside the entrances to enclosed spaces) and outdoor areas such as playgrounds, the restaurant, etc. Naturally, this attraction is very popular with families.

In our block of flats, there are two flats whose occupants are, in my opinion, heavy smokers (cigarettes, joints, weed) and who even smoke in the middle of the night (for example at 12.30 am, 2 am, 4.30 am, 6 am). The agreement we managed to secure with some difficulty – that they would not smoke at least during an agreed time slot from 6.30 am – is generally respected, but not always. This time slot is too short for us, but it’s better than nothing. What is particularly frustrating is that they do not stick to it strictly and that, during the day, smoke drifts in from both flats in quick succession, as it were, taking turns. When we air the flats, the smoke therefore always seeps into the bedrooms, which unfortunately also exposes young children to the smoke. At night, smoke seeps in when the time slots are once again not adhered to (we sleep with the windows open). We would very much welcome the introduction of time slots at a political/legislative level to protect against passive smoking, during which a minimum distance of 30 metres from buildings must be observed when smoking outdoors. These time slots could, for example, correspond to noise rest periods (such as from 12 noon to 1 pm and from 10 pm to 7 am).

Our downstairs neighbors—a mother and her two teenagers—smoke not only cigarettes but also joints on their balcony… it is so bothersome that we have to leave our balcony and close our window. If we happen to leave our bedroom window open—which is also situated above their balcony—the stench fills the room. They smoke very often in the evening, and we cannot sleep with our window open.

Hello, My neighbours smoke tobacco and cannabis every day, both inside their apartment and on their balcony. We do not object to them consuming these substances, but we absolutely refuse to be exposed to secondhand smoke. The smell—and even the smoke itself—drifts into our home, meaning our three-year-old daughter ends up breathing it in. They are fully aware of this yet continue the behaviour. As for the property management company, they are completely ignoring us. Given the situation, our only remaining option is to take legal action. Thank you for this initiative!

Hello, I listened carefully to last week’s RTS programme on secondhand smoke. I recall a vote (in Geneva) regarding secondhand smoke on terraces, in public places, and so on, which stipulated a nine-metre distance from exposed individuals. What is the current situation? How can this law be enforced when we are dining on a terrace, waiting on a train platform, or in other public spaces (festivals, exhibitions, events, etc.)? Please suggest some ways to discourage smoking while still showing respect for the smoker. Thank you for your vital work in protecting health and raising smokers’ awareness of the nuisance caused to others.

My husband and I have been long-standing season-ticket holders at BSC YB. Unfortunately, the club has so far failed – or perhaps not dared – to make the stadium smoke-free. There are certain sections where smoking is banned, but this is unfortunately not the case in our Section D, which is considered the section for true YB fans. As changing sections is not an option for us, we have to put up with the smoke from the smokers around us at every match. This spoils our enjoyment of watching the match every single time. We are in regular contact with YB about this. Unfortunately, we are constantly given explanations and reasons as to why a smoke-free stadium, like those of FC Thun or FC Basel, would not be so easy to implement.

For some time now, I’ve noticed that, whilst people haven’t actually been smoking in the various flats for quite a while, they often use illegal drugs or smoke a hookah with neighbours who are heavy smokers, which can be very intense. Respect for neighbours is often a concept that is alien to them. Rental dispute mediation bodies often classify this as ‘normal smoking’, so there is little one can do apart from constantly moving house.

A personal account of second-hand smoke and litter in everyday life.
In my day-to-day life, I am regularly faced with situations where second-hand smoke and the behaviours associated with it cause me significant discomfort or restrict my activities. Among the most unpleasant experiences are:

– On restaurant terraces: this is particularly frustrating when the weather is fine. You’re faced with a dilemma: either give up sitting outdoors altogether, or inhale the toxic smoke from neighbouring tables. The acrid smoke blocks my nose and completely spoils the taste of my meal.

– In crowds (for example, at Christmas markets): when queuing outdoors, you’re often helplessly exposed to the smoke. The smell is extremely unpleasant. If you point this out to smokers, you unfortunately often encounter a selfish attitude along the lines of: ‘It’s my right; I don’t care about anyone else.’ ”

– At public transport stops: when waiting for the bus at the station, it’s not just the constant second-hand smoke that’s a nuisance, but also the fact that cigarette ends are carelessly and disrespectfully thrown straight onto the ground.

– At home (because of the builders): whilst my house was being renovated, the builders would go outside to smoke. But the smell seeped in so much that the whole house stank afterwards. Later, I also found that my garden was littered with cigarette ends.

– Nuisances caused by neighbours’ smoke: when I lived in Zurich, smoke from a neighbour smoking on their balcony would regularly seep into my flat. The smell was so acrid that it literally prevented me from breathing and made it impossible to ventilate the flat properly.

– Littering in the street: It’s a daily nuisance to have to watch motorists shamelessly throw their cigarette ends out of their moving cars onto the street.

– E-cigarettes in my immediate surroundings: my fitness coach regularly uses e-cigarettes (vapes). Although there is no traditional smell of smoke, I nevertheless find the exhaled vapour very irritating. This forces me to deliberately keep a greater distance than would be normal or desirable in a training situation.

Conclusion and demand: I have absolutely no tolerance left for this irresponsible behaviour. In particular, I call for draconian penalties and hefty, painful fines for the thoughtless disposal of cigarette ends (littering), which will finally act as a genuine deterrent.

After seven years in our much-loved rented flat (first floor, a three-flat block), a new neighbour moved into the ground floor. As a side activity, she would organise shamanic rituals involving smoke in her flat and smoked cannabis several times a day. The smoke seeped into our flat at all hours of the day. Sealing the gaps didn’t help, as it was an old building. Various air filters were also ineffective. The neighbour, as well as the landlord and the tenants’ association, insisted that smoking was a matter of privacy. I had never had any respiratory problems before, but the smoke caused me to have increasingly severe coughing fits. I would sometimes wake up in the night with a severe cough and the urge to vomit, as my neighbour was smoking cannabis in bed. Eventually, I had a choking fit during which my throat swelled up and I was unable to breathe for a brief moment. I then had to leave my home for good in the middle of the night and go and stay with friends and family. Fortunately, after a few months, we found a new flat. I am still left with severe bronchial hyperreactivity. As soon as there is even the slightest trace of smoke, perfume or dust anywhere, I can’t breathe. As a result, I can only live in ground-floor flats and I always have to wear a filtering mask. Air travel is no longer an option, and using public transport has become very difficult, as I can no longer tolerate, for example, the perfume worn by other passengers or the stale air in tunnels. Fortunately, in our new flat, we have friendly, non-smoking neighbours who understand that it could be life-threatening for me if they were to have a barbecue in front of the block, and who therefore refrain from doing so. But this isn’t a given, and I feel powerless and at the mercy of others if less understanding people move into the block and once again insist on exercising their right to smoke or have a barbecue.

Beyond simply sharing a personal account, I would like to highlight two issues regarding secondhand smoke: 1) smoke from smokers stationed outside doorways—whether at shops, offices, or other building entrances. Admittedly, ashtrays are often placed right there, so the smokers aren’t entirely to blame. However, everyone has to use these entrances, and the smoke is often a nuisance in these spots. 2) smoke from smokers who are moving about—walking along streets, promenades, or in parks, or near outdoor terraces—with a cigarette in their mouth or hand, thereby forcing others to inhale their poison against their will. Even outdoors, I find this situation very unpleasant. To ensure better protection against secondhand smoke, I would like to see rules implemented that ban smoking near shelters or unavoidable thoroughfares—such as entrances to apartment buildings, offices, and all types of shops—and that prohibit “mobile” smoking. Smoking should be a stationary activity, confined to designated areas carefully designed to prevent exposing others to the smoke.

My neighbours have two balconies: on one of them, they could smoke without bothering anyone, but it’s smaller and less inviting. The other balcony is bigger and more pleasant, but the smoke still drifts into my flat. My neighbours smoke on the large balcony anyway, because, after all, they pay rent for that – that’s their argument. The only positive point worth mentioning is that we have at least agreed on a time slot during which I air the bedroom and my neighbours refrain from smoking on the large balcony. But generally speaking, I’m at the mercy of my neighbours’ whims. By the time I notice they’re smoking (there’s no line of sight), the intrusive second-hand smoke has already taken hold.

I am a non-smoker and have cancer. Wherever I go, I am exposed to second-hand smoke. I have absolutely no way of protecting myself from it. I get the impression that smoking is the national pastime in Switzerland: at neighbours’ houses, at the station, at the airport, at bus and tram stops, in hospitals, in shopping centres, in car parks, in public toilets, on playgrounds, in the mountains, and so on. I realise it’s a personal choice, but if someone is putting my health at risk, I’d like to know which law protects me?

Hello, I would like to report that my 21-year-old daughter returned from L’Usine—a major nightlife and cultural venue—feeling harassed; she says people are smoking inside the halls.

For several years, we have been dealing with issues regarding secondhand cannabis smoke. Our neighbour smokes day and night. The smoke drifts into our daughters’ bedroom. It is particularly difficult in the summer, yet he refuses to listen, claiming it is for therapeutic purposes, while the property management lacks the courage to take any action. Solutions exist to minimise and contain the smoke, but he believes he is within his rights, and the children’s health and well-being are the last thing on his mind. Laws regarding secondhand smoke ought to apply to private spaces as well, especially given the known consequences.

Living in an apartment building, I am frequently subjected to smoke drifting up from two apartments below mine—the combined smoke of five heavy smokers who smoke on their terraces. Even with the windows closed, the smoke seeps in, drawn by the ventilation system. All told, this amounts to several hours of nuisance per week.

The building in which my flat is located is a residential home for adults with mental health conditions. Of the 5 to 10 adults living there, the majority smoke, some very frequently. As a result, there are almost always a few residents smoking on the terrace, meaning that people in neighbouring flats are constantly exposed to second-hand smoke.

Since late 2024 until now, a neighbour across the way has been smoking constantly in the stairwell, the building’s communal areas and on the balconies, causing second-hand smoke to seep into our flat and leading to: respiratory problems, suffocation, hyperventilation, sleep apnoea, a chronic cough, difficulties speaking, eating and sleeping, low and high blood pressure, as well as asthma. I have tried to talk to them for a long time without reaching an agreement; on the contrary: I have received negative responses from them, intrusions into our home involving excessive ringing of the doorbell, and psychological and physical abuse. I have posted Article 684 of the Civil Code in the building’s register, which states that such behaviour exceeds the limits of human tolerance and has made us ill. I have written to the management twice without receiving a reply. I have displayed a notice from the property manager prohibiting smoking in the stairwell and communal areas, as well as inside the flats and the building itself, but they have torn down all the notices on several occasions, adding offensive and sarcastic comments in the local dialect. The doctor refuses to treat us or issue us with a medical certificate because smoking is permitted. What can I do?

Unfortunately, the law is no longer being observed. With the advent of e-cigarettes, smokers – thinking they can go unnoticed or believing these products are less harmful – find that managers and security staff are not stepping in to stop smoking inside premises. Smokers are now everywhere: in bars, restaurants, nightclubs, on buses and trains. There is no protection for non-smokers or those at risk. A fine of at least 100 CHF, or even more, should be imposed for smoking in enclosed spaces, including the use of new-generation cigarettes. The next bus shelter in Lugano should also have smoking booths installed, just like at the station. Waiting for the bus is very unpleasant and there’s no way to escape it. The flat below mine has a neighbour who smokes regular cigarettes on her terrace, and the smoke drifts into my flat as soon as I open the window. When I’m on my own terrace, the smell is very acrid. Even the tenant above me, who is nearly 90 years old, can smell it and complains about it. It even becomes a problem when we’re having dinner on the terrace. At the office too, several colleagues smoke IQOS, and when they come back from their breaks, it’s really sickening.

My neighbor smokes on his balcony. Fortunately, he isn’t there very often. When he does smoke there, I have to close all the windows so the smell doesn’t get inside my apartment. Another neighbour smokes cannabis, and sometimes the building’s hallway reeks. It’s embarrassing. Sometimes I feel ashamed to live in a building that smells of cannabis. My children are also exposed to these smells.

For about a year and a half, I have been regularly subjected to significant nuisance caused by cigarette smoke drifting from the neighbouring home. I have lived in my home for over eight years without any particular issues until this new family moved in. One of the occupants, whose room overlooks the garden adjacent to mine, smokes very frequently—roughly once an hour—right next to my property line. This situation prevents me from airing out my home normally, as the smoke drifts directly in through the windows, forcing me to keep them closed at all times. Furthermore, several members of the household (parents and a grandparent) also smoke on the terrace located on the other side of my house, making that area difficult to use as well. The high frequency of smoking, including in the evening, leaves virtually no window of time to properly ventilate the house. During the summer, this problem extends to the use of my own terrace. The neighbours frequently smoke before, during, or immediately after meals, even when they can see that we are eating nearby. This situation often forces us to cut our meals short or retreat indoors, making it impossible to use this outdoor space normally, even in summer. Despite respectfully raising the issue with the neighbour last year, the situation has not changed. The frequency of smoking incidents remains constant, significantly impacting my quality of life and my ability to enjoy my home. More broadly, this type of situation also occurs in certain public spaces (bus stops, train platforms) where smoking bans are not always observed. I have had to point out these rules on occasion, which in one instance led to an aggressive verbal reaction. These experiences reinforce the feeling of being constantly exposed to secondhand smoke, even in settings where it ought to be restricted, such as restaurant terraces.

Why isn’t smoking banned on restaurant terraces? When the warm weather arrives, I’d like to sit and eat on the terrace. But it’s impossible. People smoke there while I’m eating. Aside from the foul odour, I get headaches almost instantly. In places where food is served, smoking should at least be banned during meal times!

People working from home as domestic helpers in the homes of clients who smoke.

Unfortunately, I am exposed to second-hand smoke on a daily basis, but what strikes me most is the arrogance and indifference shown by smokers towards non-smokers, as if smoking were perfectly normal. In Milan and other countries, smoking outdoors is already banned; what are they waiting for to ban it here too? It is through our actions that we set an example, especially to children and young people.

Every day, when I’m at the station, two people smoke in the designated areas, whilst about twenty others do so amongst the non-smokers, before flicking their cigarette ends onto the tracks even though there are ashtrays literally 5 metres away. Even at home, when I open the windows, I can often smell smoke.

My parents smoked a lot when I was a child (even whilst I was still in my mother’s womb); I felt as though I was a smoker myself. Ever since then, I’ve always hated smoke, to the point where I wouldn’t go into cafés with my friends; I’d stay outside public places. Once I came of age, whenever I went to visit my parents, I’d put my dirty clothes in the washing machine as soon as I got home. Today, thankfully, my parents have given up smoking. I’m still often exposed to second-hand smoke; I can smell it on the clothes of those around me, and I avoid it as much as possible – it’s an unbearable nuisance. Leaving a public place (a hospital, a shop, etc.) and walking past one, two or more people who are smoking (rightly so outside, but practically indoors) makes no sense at all. There ought to be some sort of outdoor booth, like at the airport. Everyone is free to do as they please with their own lives, without needing to encroach on mine.

A year ago, new neighbours moved into the apartment two floors below ours. They set up chairs on their balcony and spend a lot of time there smoking cigarettes. Since then, we haven’t been able to air out our apartment—not even on summer evenings when the temperature climbs above 30 degrees. We live and sleep with all the windows closed; our repeated complaints have had no effect. As they do not appear to have any kind of job, they smoke incessantly, showing no regard for their neighbours.