What is the legislation in Switzerland?
There is currently no law in Switzerland restricting secondhand smoke in private spaces—for instance, when smoke from a neighbour enters through the ventilation system or due to aging building structures. The sections below outline the steps you can take when smoke from others infiltrates your home.
Regarding public places, the Federal Act on Protection against Passive Smoking has prohibited smoking since 2010 in enclosed spaces accessible to the public or serving as shared workplaces.
This includes:
• restaurants
• cafés, bars, and nightclubs
• schools
• hospitals
• public transport
• shared offices
- restaurants
- cafés, bars, and nightclubs
- schools
- hospitals
- public transport
- shared offices
Exceptions
- Enclosed, well-ventilated smoking rooms may be permitted in certain establishments.
- In workplaces, smoking areas may exist subject to strict conditions (no workstations located there; non-smoking staff not required to enter).
- Smoking establishments
Restaurants may be authorised to operate as smoking establishments upon application. The area accessible to the public must not exceed 80 m². They must be well-ventilated and clearly identifiable from the outside as smoking venues. Only employees who have agreed to this assignment in their employment contract may work there.
- « Tasting areas »
Since 2024, the law has allowed e-cigarette and heated tobacco retail outlets to set up areas where these products can be consumed. It is sufficient to indicate their presence; physical separation from the rest of the store is not required.
Some cantons go further, banning smoking rooms entirely or imposing stricter regulations on covered terraces or public events.
Here is the current situation :
Thus, more than half of the cantons prohibit smoking establishments. Among them, seven cantons do not permit smoking rooms.
As of 1 October 2024, this ban also applies to heated tobacco products and e-cigarettes.
It is important to note that Swiss law—unlike the laws of its European neighbours—is more permissive, as it limits itself to banning smoking in indoor spaces. Furthermore, there is a lack of preventative measures regarding the risks of secondhand and thirdhand smoke compared to other European countries.