Basically, where there is no plaintiff, there is no judge! So if you own a spacious piece of land in the country and don’t bother anyone with the smoke from your charcoal grill, then you can grill as often as you want.
Can a landlord ban barbecuing?
It looks completely different if you live in the city for rent, for example. If your rental agreement states that barbecuing on the balcony is prohibited, then you are not allowed to barbeque there. Not exceptionally either. The Essen Regional Court has confirmed that barbecuing on the balcony or terrace can be excluded via a rental agreement. If you as a tenant do not comply with this, you may be terminated without notice, even after an unsuccessful warning.
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Dishes: How often can I grill?
There is no specific law that states how often you can grill. That’s why barbecue disputes between neighbors end up in court again and again – with very different, individual judgments.
– The district court of Munich has ruled: A man may only grill on the terrace on the ground floor of his house a maximum of four times a month. But not twice in ONE weekend. And not on two Sundays in a row. (Those: https://rewis.io/urteile/urteil/nnn-01-03-2023-1-s-762022-weg/)
– The district court of Aachen was helpful in a comparison between two neighbors: they agreed that one of them only barbecues twice a month and only in the back of his garden. And only between 5pm and 10.30pm. (Source: https://www.kostenlose-urteile.de/LG-Aachen_6-S-202_Grillen-Zweimal-im-Monat-grillen.news11520.htm)
– The district court of Stuttgart finds that six hours of barbecue smell per year from a neighboring balcony of a residential complex must be tolerated. (Source: https://www.schweizer.eu//aktuelles/urteile/6855-lg-stuttgart-beschluss-ueber-sofortige-beschwerde-vom-14-august-1996-10-t-359-96)
– The Bavarian Higher Regional Court ruled that a family may sizzle steaks on a charcoal grill in the community garden a maximum of five times a year. The grill must be at least 25 meters away from the house. (Source: https://www.kostenlose-urteile.de/Bayerisches-Oberstes-Landesgericht_2-Z-BR-699_Grillen-auf-Holzkohlefeuer-im-Garten-einer-Wohnungseigentumsanlage.news7986.htm)
You see, the judgments are always individual case judgments. But the individual jurisdictions also show that if you insist on having a barbecue on your balcony every other evening in summer – you probably have little chance in court if a neighbor sues you for it.
In any case, if you want to have a barbecue, let your neighbors know in advance. If the smoke is blowing in his direction, he can close the windows beforehand. On the other hand, you have to make sure that you don’t produce an above-average amount of smoke when you fire up your grill.
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2023-06-05 01:01:26
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