Smoking bans in Austria in 2026: where smoking is allowed and prohibited

Austria has strict rules protecting non-smokers. The rules do not apply only to conventional cigarettes: e-cigarettes, heated tobacco, shisha and certain nicotine products are also covered. The Tabak- und Nichtraucherinnen- bzw. Nichtraucherschutzgesetz (TNRSG) regulates smoking and the protection of non-smokers.

In brief:

• Austria’s hospitality industry is smoke-free indoors. Smoking is allowed only in outdoor areas (Freiflächen).
• The ban also applies inside shisha bars and remains valid even when a venue is closed.
• Smoking is prohibited in a private car when anyone under 18 is travelling in it.
• The rules cover e-cigarettes, heated tobacco, water pipes and tobacco-free nicotine products.
• Tobacco and related products may be sold only to people aged 18 or over.

What products are covered by the smoking ban?

The ban is not limited to traditional cigarettes. The law covers three broad groups:

• Tobacco products (Tabakerzeugnisse).
• Related products (verwandte Erzeugnisse) consumed by burning or inhalation. Examples include electronic cigarettes, plant-based smoking products, novel tobacco products such as heated tobacco products (Tabakerhitzer), tobacco-free nicotine products and nicotine replacement products.
• Water pipes (Wasserpfeife).

As a general rule, wherever cigarettes are prohibited, e-cigarettes and heated tobacco products are prohibited as well.

Where is smoking completely prohibited?

An absolute smoking ban (absolutes Rauchverbot) applies in certain places, including:

• Rooms used for education and further training, such as seminar rooms and university lecture halls.
• Rooms used for meetings, such as conference rooms, courtrooms and meeting rooms.
• Schools, kindergartens, childcare centres, gyms, student residences, youth homes and boarding schools, including their outdoor areas such as schoolyards and sports fields.
• All rooms where food or drinks are prepared, processed, served or consumed, whether in a hospitality business or another public institution.
• Guest-accessible areas of hospitality businesses where no service is provided, such as cloakrooms, toilets and corridors.
• Multi-purpose halls and rooms, including temporary facilities such as festival tents.
• Club premises when activities take place in the presence of children or young people, for example choir, music, sports or games clubs.
• Rooms where clubs hold events, even if the event is not intended to make a profit, such as charitable, cultural or entertainment events.

Restaurants, cafés and terraces

Austria’s hospitality industry is smoke-free indoors. Smoking is prohibited in guest areas and in all other areas accessible to guests. Smoking is permitted only outdoors. The Erlass sets out what qualifies as an outdoor area.

• The ban also applies inside shisha bars.
• The ban is always in force, even when the venue is closed or no guests are inside. The Verwaltungsgerichtshof confirmed this rule in its decision of 22 January 2024, case number 2023/11/0122.

Public transport and cars

Smoking is prohibited without exception on enclosed public and private means of transport (Verkehrsmittel). Examples include:

• Trains, trams and S-Bahn.
• Public and private long-distance buses.
• Taxis and rental cars.
• Private cars when a passenger under 18 is inside.

The ban does not cover an open carriage, a convertible, a rickshaw or a horse-drawn carriage.

The rule for private cars is simple: if anyone in the vehicle has not yet reached the age of 18, smoking is prohibited.

Offices, shops and hospitals: are smoking rooms possible?

“Other rooms of public places” (sonstige Räume öffentlicher Orte) means enclosed buildings that are accessible to an unrestricted group of people, either continuously or at certain times. Examples include:

• Government buildings, shops and shopping centres.
• Theatres, cinemas and museums.
• Fitness centres, indoor swimming pools and sports halls.
• Office buildings, hospitals and doctors’ surgeries.

Smoking is generally prohibited in these places. However, a separate smoking room (Nebenraum) may be created in generally accessible areas if smoke cannot enter an area covered by the ban and the arrangement is not used to circumvent the rules.

The statutory smoking bans do not apply to outdoor areas or to a strictly private living area.

Hotels and accommodation

The rules depend on whether the accommodation business also provides hospitality services.

Pure accommodation business

In a reiner Beherbergungsbetrieb, smoking is generally prohibited. A smoking room may be provided in a shared area, but not in the guest room.

The smoking room must be arranged so that smoke cannot enter an area covered by the ban, the rules are not circumvented, and food or drinks are not prepared, served or consumed there.

Mixed business with hospitality services

In a Mischbetrieb, meaning a hotel with hospitality services, smoking is prohibited without exception in the restaurant, bar, dining room, kitchen and other areas open to guests, including the cloakroom, toilets and corridors.

Who can be sold tobacco and related products?

In Austria, tobacco products and related products may be sold only to people over the age of 18. Related products include electronic cigarettes, liquid, plant-based smoking products and tobacco-free nicotine products.

The provincial youth protection laws (Jugendschutzgesetze der Länder) also contain additional mandatory rules concerning young people.

Frequently asked questions

Can I use an e-cigarette in an Austrian restaurant?

No. The ban also covers e-cigarettes, heated tobacco products and water pipes, so they are prohibited inside hospitality businesses.

Can I smoke in my own car?

Yes, unless a person under 18 is also in the car. In that situation, smoking is prohibited.

Can I smoke in my own flat?

The statutory smoking bans do not apply to a strictly private living area.

Can the owner smoke inside a venue after closing time?

No. The ban remains valid even when the venue is closed or no guests are present.

Practical steps

1. Check whether you are in an indoor public area, a hospitality venue or enclosed transport before lighting a cigarette or using another covered product.
2. In restaurants, cafés and shisha bars, use only an area that qualifies as an outdoor area under the Erlass.
3. Do not smoke in a private car if anyone under 18 is travelling with you.
4. Do not assume that vaping or heated tobacco is permitted where conventional smoking is banned.
5. If you are staying in accommodation, ask whether it is a reiner Beherbergungsbetrieb or a Mischbetrieb, and follow its designated smoking-area rules.
6. Remember that tobacco and related products may be sold only to people over 18, alongside the requirements of the Jugendschutzgesetze der Länder.

Source: oesterreich.gv.at