At the weekend it will be hot in Germany - the temperatures climb up to 34 degrees. © Roberto Pfeil/dpa
Summer is approaching – and many neighbors are unpacking the barbecue. But how often is this allowed? In March, the district court ruled: A neighbor is not allowed to barbecue on two consecutive weekend days and a total of no more than four times a month. An isolated case. Because there are no legal regulations on this.
Munich - In principle, barbecuing is allowed on the balcony, in the yard and in the garden. "However, there is no legal regulation that says when and how often barbecuing is allowed," says Angela Lutz-Plank, managing director of the Munich Tenants' Association. Judgments on this are "always decisions on a case-by-case basis". In general, the line must of course be drawn with the legitimate interests of the neighbors. "There are rental agreements that regulate, for example, how often and when barbecues are allowed," says Lutz-Plank. House rules also often contain clauses. Regulations that the tenant must comply with. "If he doesn't, the landlord can warn him and terminate it if he continues to disregard it."
If barbecuing with friends escalates into a barbecue party, tenants would have to comply with local noise regulations. Accordingly, they are allowed to eat and drink on the balcony during the day and talk at normal volume. "However, the neighbours must not be unreasonably disturbed," says the lawyer. From 22 p.m., however, the night's rest must be observed.
Unpleasant odors and smoke should also not penetrate into the neighbors' homes. "This can be a violation of the local state emission control law and thus an administrative offense with a fine," warns Lutz-Plank. An electric grill could prevent this problem from the outset. In 2003, the Regional Court of Munich ruled that barbecuing on the balcony in the summer months was common and had to be tolerated by neighbors. However, the landlord could prohibit it if there were significant disturbances such as impairments by smoke, soot and heat at the neighbors.
Munich: Barbecuing on the balcony is allowed - but the neighbors must not be disturbed
The Stuttgart Regional Court found a total of six hours/year to be minor and therefore reasonable for the neighbors. The Bonn District Court considers barbecuing once a month to be permissible if the neighbors are informed two days in advance. "Basically, the following applies: After prior notice to the neighbors, no one can have anything against a barbecue until 22 p.m.," says Lutz-Plank. In the best case, you simply invite the neighbors.
"Tenants are also allowed to smoke, both in the apartment and on the balcony," says Lutz-Plank. Here, too, of course, the general principle of consideration applies. So if the neighbors feel disturbed, the best thing to do is to come to an agreement and, for example, set certain times when you can smoke because the neighbors are not there.