What is allowed – and what is forbidden?

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of: Andrea Stettner

A summer without a barbecue would be unthinkable for many. But can I grill on the balcony with charcoal? And what are the fines for violations?

The sun, the juicy chops and the wonderful smell of grilling are all that makes many people happy. But pas Grill the boundary between joy and sorrow is quite good. While the grill master smells the wonderful smell of fried meat, the neighbors are quickly exhausted by the smoke and the smell of the grill. Especially in apartment buildings where the balconies are often close to each other, popular summer entertainment can quickly add to the inconvenience. But what is allowed to grill – and what is forbidden?

When grilling in the garden or on the balcony, you should avoid strong fumes. © MiS / Imago

Grilling on the balcony, garden or terrace: avoid smoke, noise and flying sparks

According to the German Tenants’ Association (DMB). Grilling is usually allowed on the balcony, terrace or garden. Neighbors must come to terms with this. However, preference is given to what is provided in the lease and house rules. If the lease states that barbecue is prohibited, tenants must do so scrupulously – there is no right to grill in Germany.

The rental agreement may also regulate which barbecue you bake sausages in. That may be the case Grilling with charcoal it is forbidden to avoid the formation of strong smoke. Otherwise, charcoal is generally allowed on the balcony, provided it is not disturbed by neighbors or in violation of the Federal Emission Control Act (BImSchG). Gas or electric grills are a low-smoke alternative.

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And this leads to the second point that tenants, but also landlords, must take into account when grilling on the balcony and in the garden: this applies to grilling. mutual consideration requirement. Therefore, you must avoid smoke and noise. For example, the local rest period (usually from 10 pm) should be observed and the barbecue should be moved into the apartment from this time. If the smoke enters a neighbor’s apartment, they can legally complain to the public order service or the police. Also Avoid flying sparks, as this poses a threat to the security of the neighborhood. As for the question of how often grilled, the courts have made different decisions. Grill season before two shashliks a month does not object at all.

There is no open fire on the balcony

An open fireplace on the balcony without a grill is generally prohibited. An open fire would endanger the safety of both yourself and your neighbors and should be avoided.

These penalties are imminent

Most Disputes between neighbors arise over grilling due to noise, smoke and odors. If the police or public order are called, waving sometimes with sensitive fines. Anyone violating rest periods, such as Sundays and public holidays, is obliged a fine of up to 5,000 euros to calculate. Disputes often end in court. However, there are no federal laws regarding barbecue and the level of sanctions, so local regulations must be followed. According to Bussgeldkatalog.org the following penalties have already been imposed:

  • (Repeated) breaches of grill rules in the lease or house rules: Landlord notice before termination
  • Noise pollution from crickets during quiet times (night rest, Sundays and public holidays): up to 5000 Eur
  • Smoke grillingwho moves to a neighboring apartment: about 100 euros
  • Barbecue in a public place is not allowed: Fines from 5 to 5,000 euros
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Tenants in particular should strictly follow the rules set out in the lease when grilling. In case of violations, threatened Landlord warnings up to and including termination in case of recurrence. by the way Gardening work, such as mowing the lawn or cutting down trees, can also be very expensive, with fines of up to € 100,000 for breaches.. (how)

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