Is smoking on terraces already banned in Spain?

No, not yet: the law meant to ban smoking on bar and restaurant terraces across Spain is not yet in force. The Council of Ministers only approved the draft on 21 July 2026 (Ministerio de Sanidad); it still has to pass through Congress then the Senate, and it would take effect 20 days after publication in Spain's official gazette (BOE), with no confirmed date so far. On the Costa Blanca, where the terraces of the Explanada in Alicante, Torrevieja, Denia and Benidorm support a whole slice of the tourism economy, the topic already worries business owners, even though nothing has legally changed to date.

What would genuinely change for terraces?

Today, Spanish law (Ley 42/2010, which amended the 2005 anti-smoking law) still allows smoking on a terrace as long as it counts as an "outdoor space": that is, uncovered, or covered but enclosed on no more than two sides (BOE, consolidated text of Ley 42/2010, article 2). It is precisely that exception, the well-known "two walls and a roof" test, that the new draft law wants to scrap outright for bar and restaurant terraces. In practice, no restaurant or bar terrace, covered or not, would be allowed to host smokers if the text is passed as it stands.

What other spaces does the draft target?

The text approved by the government does not stop at terraces. It extends the smoking and vaping ban to beaches (sea and river), communal swimming pools, outdoor sports facilities, national parks, work vehicles (outside strictly personal use) and outdoor events such as concerts or screenings. It also creates a 15-metre smoke-free perimeter around hospitals, health centres, schools, universities, libraries, museums and children's playgrounds. Another new feature: for the first time, tobacco use by a minor under 18 would be explicitly banned (not just its sale), with a fine of up to 600 euros charged to parents or guardians (Ministerio de Sanidad, note of 21 July 2026; que.es, 26 July 2026).

Are Costa Blanca beaches already affected?

On this specific point, something already exists in the Comunitat Valenciana, but it is not the same thing as the future law. The "Playas sin humo" (smoke-free beaches) network, run by the regional health department with the Valencian federation of municipalities, has 27 member towns in Alicante province alone, including Alicante city (San Juan, El Postiguet, Tabarca island), El Campello, Elche, Guardamar del Segura and Torrevieja (Conselleria de Sanitat, Red de Playas sin Humo). But this scheme works through awareness campaigns and signage, not sanctions: it has no punitive force, unlike what the future national text provides for. In other words, on a "smoke-free" Costa Blanca beach today, you are politely asked not to smoke; you cannot yet be fined for it.

• Alicante city: San Juan and El Postiguet beaches, Tabarca island
• El Campello: Muchavista, Carrer la Mar, l'Illeta dels Banyets
• Elche: Arenales del Sol, El Carabassi, La Marina
• Guardamar del Segura and Torrevieja (including the Cabo Cervera and Piteras coves)

What fines apply for an offence?

The law currently in force already ranks offences into three tiers: minor, serious and very serious. For a smoker caught out, the fine typically ranges from 30 to 600 euros; for a business that tolerates, fails to signpost, or does not enforce the ban where it applies, the penalty can climb much higher, up to 600,000 euros in the most serious cases under the current scale. One caveat, though: the official summary of the draft law does not yet detail the final amounts that would specifically apply to new offences on terraces, beaches or pools. Those figures can still move as the text passes through Congress and the Senate, so it is best not to treat them as set in stone until the final text is published in the BOE.

What do Costa Blanca restaurant owners think?

On the Paseo de la Explanada in Alicante, a waiter at the Gourmet bar interviewed in late July reckoned a full terrace ban could cost the venue around 20 percent of its turnover, as many customers are used to "coming down for a coffee or a beer with a cigarette" (COPE Alicante, 23 July 2026). In the Marina Alta, the hospitality trade association AEHTMA (hotels, restaurants and tourism) considers the measure disproportionate: its president Amor Lopez argues that banning does not reduce consumption but shifts it "to other spaces, sometimes less suitable", and stresses that Denia remains first and foremost a family destination to be looked after; its general secretary Reme Cerda points out that in Europe, Sweden is currently the only country to fully ban smoking on terraces, and fears the confusion the measure could create among foreign tourists (COPE Denia, 22 July 2026). These are the positions of industry professionals, to be weighed against the government's health argument, which cites in particular the rise in vaping among 14 to 18 year olds to justify the text.

In practice, nothing today requires a resident or holidaymaker to put out a cigarette on an open Costa Blanca terrace: the two-walls-maximum rule still applies. What is worth following is the parliamentary timetable after the summer break: between the passage through Congress, then the Senate, and the 20 days after publication in the BOE, several more months could pass before any real enforcement. If you are settling or living year-round on the coast, the logic is the same as for the Spanish healthcare system as a whole: Spanish health reforms are decided at national level, but they play out very concretely in local habits, like the almuerzo, that mid-morning ritual taken on a terrace, coffee or cigarette in hand, from Alicante to Denia.

Sources

• Ministerio de Sanidad, press note, 21 July 2026 (anti-tobacco draft law approved by the Council of Ministers)
• BOE, consolidated text of Ley 42/2010 (current terrace rule, article 2)
• Conselleria de Sanitat, Red de Playas sin Humo (27 member towns in Alicante province)
• COPE Alicante, 23 July 2026 (reaction from Alicante hotel and restaurant owners)
• COPE Denia, 22 July 2026 (reaction from AEHTMA, Marina Alta)
• Que.es, 26 July 2026 (fine of up to 600 euros for minors)

Information verified in August 2026. The draft law has not yet been passed: the provisions described can change as it moves through Congress and the Senate. The Daily Costa Blanca is an AI-assisted publication with human review.

Frequently asked questions

Can you still smoke on a terrace in Spain in 2026?

Yes, for now. The law in force (Ley 42/2010) still allows smoking on an uncovered terrace, or one covered but enclosed on no more than two walls. The draft that would ban it has only been approved by the Council of Ministers on 21 July 2026: it has not yet passed through parliament or been published in the BOE.

When will the law take effect?

No date is confirmed. The text must first be debated and voted on by the Congress of Deputies and then the Senate, before taking effect 20 days after publication in the BOE. Given Spain's parliamentary calendar, this process can take several months.

Are Costa Blanca beaches already "smoke-free"?

Some, such as San Juan or El Postiguet in Alicante, take part in the voluntary "Playas sin humo" network: you are asked not to smoke, but no fine is currently possible. That would change if the new national law passes, with penalties attached.

What does a business risk if it lets people smoke on its terrace?

Under the current regime, a business that tolerates smoking where it is banned risks a fine that can reach up to 600,000 euros in the most serious cases. The exact amounts that would apply to future offences on terraces has not yet been specified in the draft text.