A fine of up to 5,000 euros: Anyone who breaks these rules when barbecuing has to dig deep into their pockets
Created: 05/21/2022, 04:49 am
By: Andrea Stettner
A summer without a barbecue would be unthinkable for many.
But can I grill with charcoal on the balcony?
And what are the fines for violations?
Sunshine, juicy chops and a wonderful smell of grilling - that's all it takes for many people to be happy.
But when it comes to grilling, the line between joy and sorrow is quite narrow.
While the grill master smells the wonderful smell of roasted meat, neighbors are quickly bothered by the smoke and the smell of the grill.
Especially in apartment buildings, where the balconies are often close together, this popular summertime activity can quickly cause trouble.
But
what is actually allowed when barbecuing – and what is forbidden?
When barbecuing in the home garden or on the balcony, you should avoid heavy smoke development.
© MiS/Imago
Grilling on the balcony, garden or terrace: avoid smoke, noise and flying sparks
According to the German Tenants' Association (DMB),
barbecuing is generally permitted on the balcony, terrace or in the garden
.
Neighbors have to accept that too.
However, priority is given to what is stipulated in the rental agreement and in the house rules.
If the rental agreement states that barbecuing is forbidden, tenants have to stick to it meticulously - after all, there is no right to barbeque in Germany.
The rental agreement may also regulate which grill you use to fry your sausages.
For example,
barbecuing with a charcoal grill
may be prohibited there in order to prevent heavy smoke development.
Otherwise, it is generally permitted to fire up your grill with charcoal on the balcony, as long as no neighbors are bothered or the Federal Immission Control Act (BImSchG) is violated.
An electric or gas grill (advertising link) is a low-smoke alternative.
And that brings us to the second point that tenants – but also owners – have to consider when barbecuing on the balcony and in the garden: When barbecuing, the
rule of mutual consideration
applies .
You must therefore avoid smoke and noise pollution
.
For example, the locally applicable quiet times (usually from 10 p.m.) should be observed and the barbecue party should be moved inside the apartment from this time.
If smoke enters the neighbor's apartment, they can legitimately complain to the public order office or the police.
Flying sparks should also
be avoided
, as this endangers the safety of the neighborhood.
When it came to the question of how often to grill, courts made different decisions.
During the barbecue season, there is
usually nothing
wrong with having two barbecues a month .
No open fire on the balcony
An open fireplace on the balcony without a grill is generally prohibited.
Open fire would endanger both your own safety and that of your neighbors and should therefore be avoided.
These penalties are imminent
Most disputes between neighbors arise when barbecuing due to noise pollution, smoke development and odours.
If the police or the public order office are called into action,
fines can sometimes be severe
.
For example, anyone who violates the rest periods on Sundays and public holidays must
expect
a fine of up to 5,000 euros .
Disputes often end up in court.
However, there are no federal laws for barbecuing and the amount of the sanctions, which is why the local regulations must be observed.
According to
Bussgeldkatalog.org
, the following penalties have already been imposed:
(Repeated) violations of the grill regulations in the rental agreement
or the house rules: Warning by the landlord until termination
Noise pollution from crickets
during quiet times (night rest, Sundays and public holidays): up to EUR 5,000
Smoke from grilling
, which moves into the neighboring apartment: approx. 100 euros
Unauthorized barbecuing in public:
fine of between 5 and 5,000 euros
Tenants in particular should strictly follow the rules in their rental agreement when barbecuing.
In the event of violations
, the landlord may issue warnings or even termination
in the event of a repeat violation.
By the way, gardening work such as mowing the lawn or cutting down trees can also be really expensive – violations can result in a fine of up to 100,000 euros.
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