Spring and summer is a grilling time in Germany, but is it allowed to grill on the balcony? The fans of thegrilled meatand vegetables that don't have a yard or garden often have to ask themselves this question. Accordingly, many people want to sit on their balcony or terrace and enjoy the delicacies in a cozy atmosphere. But what happens if the neighbor can't cope? Is grilling on the balcony allowed and is there perhaps a grilling law in Germany? Here is some important information and tips on the topic that can help you start the grilling season in peace.
How are you allowed to grill on the balcony according to neighbor law?
Lighting the grill for onesummer barbecue partyis a centuries-old tradition, but not everyone has a large garden or terrace. For city dwellers and those without a backyard, grilling on your apartment balcony might be the next best thing. There are legal regulations in the German Civil Code (BGB) for some typical conflicts that can arise between neighbors. There is also neighboring law, which also applies to the whole of Germany. There are also country-specific regulations. So it's not easy to invoke universal rights when grilling. However, one thing is certain: there is no fundamental right to grilling.
A property owner is generally allowed to do whatever he wants with and on his property, but neighbors are also obliged to show mutual consideration. § 906 Para. 1 BGB regulates the effects of the neighboring property, which the owner of a property must accept if the use of his own property is not or only insignificantly impaired. However, that is the theory in tenancy and housing law. Accordingly, there are countless court rulingson the subject of grilling. The judges do not agree on this, although they often decide in favor of the “barbecue fans”. It is undisputed that grilling, especially in the summer months, is quite common and must generally be tolerated. However, there is a limit to what is reasonable. In practice, the rights of arguing neighbors often conflict.
Is grilling allowed on the balcony?
Everyone is allowed to grill to their heart's content in the garden, on the terrace and on the balcony, because grilling is considered a “socially appropriate act” and is to be tolerated as such. Grilling on the balcony of rented apartments is also generally permitted. In plain language: Grilling on the balcony is not prohibited by law, but you should check your rental agreement or the house rules beforehand to see whether you are allowed to grill on your balcony. In addition, grilling on the balcony may be prohibited if this is stated in the house rules or in the rental agreement. Anyone who signs such a rental agreement and rents out the apartment under these conditions will subsequently miss out on legal recourse.
Avoid smoke nuisance when grilling
According to a ruling by the Essen Regional Court (10 S 438/01), the landlord has the right to include this clause in the contract. In this case, the house rules prohibited grilling on the balcony, whether on a charcoal grill or an electric grill. The tenant must adhere to this. If he doesn't do this, in the worst case scenario he will have to expect termination. Regardless of what the lease says, inconsiderate behavior will not be tolerated.
Even if grilling on the balcony is not expressly prohibited, the neighbors must not be disturbed by smoke or soot from the charcoal grill. If the smoke moves into the neighboring apartment, there is usually no warning from the landlord, but there may be a fine. This is due if grilling on the balcony or terrace is classified as an administrative offense.
Administrative offense according to the Immission Control Act
Grilling can also be a violation of the Immission Control Act. This is the case if the neighbors feel disturbed by smell and smoke. By the way, it doesn't matter whether the grill is on the balcony, terrace or in the garden. As you can see, the topic of “barbecuing on the balcony” can be interpreted in very different ways and has already covered many dishes. Therefore, it would always be best to reach a peaceful agreement with your neighbor. The two federal states of North Rhine-Westphalia and Brandenburg have their own legal regulations on the subject of grilling. The state pollution control law is decisive here: smoke must not enter the living and sleeping areas of neighbors. Violations may result in a fine.
Can you grill on the balcony with an electric grill?
“With an electric grill, I can always grill on my balcony!” You’ve probably heard that too. Unfortunately, this can also be illegal in Germany. If your rental agreement generally prohibits grilling on the balcony, you are not allowed to use a gas or electric grill on the balcony. The situation is different if grilling with charcoal is prohibited by house rules, but electric or gas grills are permitted. What about apartment owners? Even in residential complexes, owners are generally not allowed to grill with an electric grill on the balcony. According to the Frankfurt Higher Regional Court, grilling can generally be restricted, banned or limited in time and place. The key factors here are the location and size of the garden or balcony, the frequency of grilling and the grill device used. So the next time you want to grill on your balcony with your electric grill, you should first check whether this is allowed in your area.
Grilling on the balcony in rental houses
If you like grilling and live in a rental apartment with a balcony, you can of course indulge your passion. Ideally, your neighbors won't mind grilling with a charcoal grill from the balcony, and the courts won't have to deal with any complaints. But things don't always go so smoothly. In practice, it has proven useful to use an electric grill or a gas grill for the balcony instead of a charcoal fire. There is no smoke nuisance and your neighbors do not feel bothered. Nobody can complain about the smell of sausages, steaks etc., except perhaps the vegetarians. However, for die-hard charcoal fans, there are barbecue huts or barbecue areas for rent in many places. In addition, grilling with charcoal is expressly permitted there.
If neighbors feel disturbed by smoke or noise, compromises must be made. What these look like varies. The Hamburg Regional Court (40 C 229/72), for example, has decided that grilling with a charcoal grill on the balcony of a rented apartment in an apartment building is fundamentally inadmissible because the neighbors are disturbed by itSmoke in the apartmentbe affected. Things look different again in a tenant's garden. At least that's how the Wedding district court sees it. It was decided that the tenant would occasionally be allowed to have a charcoal grill in his garden. This also applies if the house rules prohibit grilling on the balcony or terrace.
When and how often can you grill on the balcony?
The Stuttgart Regional Court (10 T 359/96) has decided that an apartment owner is allowed to grill on his terrace or balcony up to three times a year. However, the homeowners' association can prohibit grilling on balconies, terraces and lawns in the residential complex by majority vote, according to the OLG Zweibrücken (3 W 50/93). On the other hand, the owners' meeting may not allow unrestricted grilling on the balconies by majority decision. This was decided by the Düsseldorf Regional Court (25 T 435/90). However, there are no time limits in the law.
The decisions of the courts are very different, so that no general rule can be derived from this as to how often you can grill in a year. But even if grilling is allowed, it can't be too loud. The Oldenburg Higher Regional Court has decided (13 U 53/02): After 10 p.m., the neighbors do not have to tolerate any smells or noises while grilling. However, four times a year on special occasions a barbecue evening can be extended until midnight. This is also a case-by-case decision. So it's better not to be too loud if it might disturb the neighbors. How often you can grill and bother your neighbors must be assessed very individually, although it always depends on the individual case.
Conclusion about grilling on the balcony
To ensure peaceful coexistence, we recommend grilling carefully. If you use an electric grill and aluminum trays or similar dishes instead of a charcoal grill, you can largely avoid smoke and smoke nuisance. If you have planned a barbecue, you should inform the neighbors in good time and perhaps invite them to the barbecue. Even if they don't accept the invitation, that at least increases the chance that they won't complain. TheCelebrating festivalsis of course not forbidden, but here too you should be as considerate of your neighbors as possible. From 10 p.m. onwards, celebrations can only be held quietly on the balcony, terrace and garden. It's best to move the party indoors and continue celebrating at room volume.
