Starting in 2027, housing companies will most likely be able to decide for themselves whether to ban smoking in their buildings and outdoor areas. This is a big change. Until now, only a municipality (!) could impose such a ban, which in practice has meant that most housing companies couldn’t do anything about it, even if they wanted to. Now the rules are changing.
Where does the change come from?
The background to this is an amendment to the Health Protection Act. The government has submitted a proposal that would give housing companies the right to decide on smoking bans within the company’s premises by amending the articles of association. Amending the articles of association requires a two-thirds majority at the shareholders’ meeting. A simple majority is not enough.
The change is intended to take effect on January 1, 2027, if Parliament approves it.
Before this change, municipalities have been able to impose smoking bans under the Health Protection Act, but in practice municipal decisions have been few and far between. Housing companies have been caught in the middle without any real authority.
What can a housing company ban?
The ban can cover balconies, shared outdoor areas, playgrounds, and other common spaces. Smoking inside one’s own apartment is not within the housing company’s decision-making authority. That remains the resident’s own business.
Nor can a housing company force current residents to stop smoking in their own homes. The ban applies to common spaces and areas from which smoke can spread to neighbors.
Essential information for buyers
If you buy an apartment in a housing company that has written a smoking ban into its articles of association, it binds you immediately. Check this before signing the purchase agreement in the articles of association. It’s a document every buyer should read anyway.
If, on the other hand, you smoke and it matters to you, you need to look carefully at what the articles of association say and what the climate is like in the housing company. Votes at shareholders’ meetings can put a ban on the agenda at any time.
The same applies in reverse. If you’re looking for an apartment and want a smoke-free environment, it’s worth finding out whether the housing company has already made decisions or whether the matter is being planned. The property manager’s certificate and shareholders’ meeting minutes usually give a good picture of what’s been discussed in the housing company recently.
Practical questions left unresolved
The law gives housing companies the authority, but enforcement is left on the housing company’s shoulders. Breaking the ban doesn’t automatically lead to anything unless it has been specifically agreed. So the practical implementation is still open in many housing companies.
Housing companies don’t have a police force. Neighbor monitoring is a realistic option, but it can also strain relations. How conflicts are handled is a matter for which there is no established model yet.
What this means in the housing market
It’s possible that smoking bans will start appearing in property listings as a selling point. For some buyers it’s a clear plus. For others it may be a dealbreaker. Neither reaction needs to be embarrassing.
A housing company’s decision-making culture and sense of community have long been undervalued factors in choosing an apartment. The smoking question now brings them concretely to the fore.
Thinking about buying an apartment?
As a buyer, your job is to find out the facts before making a decision. OUN® helps you analyze housing company documents impartially, with no interest in selling or not selling. Get in touch if you want to know what’s really in the housing company’s paperwork.
