As of December 2025, the draft law remains in parliamentary process. Photo credit: Maria Gladkova/Shutterstock

The Spanish government has approved a draft reform of its national tobacco law, aiming to ban smoking and vaping in a wide range of outdoor public spaces. These include terraces at bars and restaurants, beaches, public swimming pools, sports facilities, bus stops, open-air entertainment venues, and areas surrounding schools, hospitals and other public buildings.

The legislation treats all nicotine products equally, including conventional cigarettes, e-cigarettes, heated tobacco devices, shishas and nicotine pouches. The aim is to extend protection to non-smokers and reduce passive exposure in outdoor settings.

Motivation Behind the Reform
Public Health and Social Change

The push for expanded smoke-free zones arises from concerns over second-hand smoke, rising vaping among younger people, and the need to modernise tobacco legislation. Indoor smoking bans introduced in 2011 do not address outdoor exposure in crowded public areas.

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Health authorities have publicly endorsed the proposal, describing it as a “decisive opportunity” to protect public health and non-smokers’ rights.

The government has stated that it wants to “modernise tobacco-control legislation and protect citizens’ right to breathe clean air,” reflecting the country’s evolving social habits.

Opposition from the Hospitality Sector
Industry Concerns

The hospitality industry has criticised the ban as “disproportionate,” warning it could affect outdoor dining culture, tourism and nightlife. Some argue the law may displace smoking into private spaces, potentially increasing second-hand exposure indoors.

Business owners also highlight potential enforcement and litter issues if smokers congregate outside terraces without proper disposal points.

Legislative Status
Moving Forward, Not Yet Final

As of December 2025, the draft law remains in parliamentary process. It has cabinet approval but still requires debate and a vote before becoming binding. Regional authorities and public-health organisations continue to advocate for wider protections, including potentially restricting smoking on private balconies or near homes.

If passed, the law could come into effect nationwide before 2027.

Key Points

  • Draft law bans smoking and vaping on terraces, beaches, sports facilities, bus stops, pools, and school grounds.
  • All nicotine products are treated equally: cigarettes, e-cigarettes, heated tobacco, shishas, and nicotine pouches.
  • Aim is to protect non-smokers and modernise tobacco legislation in line with social habits.
  • Hospitality sector warns of potential negative impact on outdoor dining, tourism, and enforcement challenges.
  • Cabinet-approved draft still requires parliamentary approval; nationwide enforcement possible by 2027.

Conclusion

The proposed law represents a major step in Spain’s public-health policy, signalling the government’s commitment to reducing passive smoke exposure and aligning with European standards. While some in the hospitality industry express concern, public-health authorities maintain that cleaner air in outdoor public spaces will benefit citizens, families and visitors alike. The law’s progression reflects a balance between protecting health and adapting social norms, with its final adoption likely to reshape Spain’s outdoor dining and leisure culture.