planting
A balcony offers the ideal space for flower boxes, plants and herbs. But here too there are regulations: “The planting on the balcony must not cause any damage to the house facade, for example in the form of climbing plants, or to the rental property itself. You must not disturb other tenants when using your balcony or change the appearance of the house facade, ”says lawyer Clemens Limberg.
Greening of the balcony
A tree is therefore rather unsuitable for greening the balcony. Caution is also required with heavy flower troughs: “Here you should take into account the statics and load-bearing capacity of the balcony.” In any case, flower boxes and pots must be secured so that they do not fall down in bad weather. Also important: flowers or plants may only grow and thrive on your own balcony.
Cut off plants
“If they should protrude towards the neighbors, they can simply cut off the plants,” says Limberg. And even if the balcony of the lower neighbor gets wet when watering the flower boxes, you are liable for damage. Limberg explains: “In general, irrigation water, potting soil or leaves that affect the neighborhood apartment are not permitted.”
Barbecue on the balcony
The barbecue season has long since opened. But when you barbecue on the balcony, smoke and odor can quickly become a problem. How does it look legally? There is no general statutory “barbecue ban” on balconies. But the devil is in the details: “Effects such as smoke, gas, heat and smell (so-called” immissions “) must not exceed the usual local level and must not significantly impair normal use of the property,” says Limberg.
Observe the rental agreement and house rules
What counts as “local” has to be assessed on a case-by-case basis. However, “the rental agreement or the house rules can provide for a ban on barbecues – in particular the use of a gas or charcoal grill”. You don’t have to inform the neighbors about your barbecue plan, but you should still be considerate of the neighborhood. This also applies to the number of barbecues a year: “Tenants can grill as often as they want, because the law does not provide for any restrictions,” explains Limberg.
Shading
Parasols, sun sails or awnings provide sufficient shade on the balcony in summer. Lawyer Clemens Limberg knows which shading systems are actually allowed here: “Those that neither represent the external appearance of the house nor a structural change to the rental property, such as a sunshade, are allowed.”
Sun sails and awnings
Sun sails and awnings, on the other hand, “in most cases represent an external structural change to the rental property that requires the consent of the landlord,” explains the lawyer. However, it is worth taking a look at the rental agreement in any case. Because: “The rental agreement or the house rules can provide for a prohibition or a permit, so it is advisable to read them carefully or to contact the property management.” If a privacy screen is visible above the railing, it must meet the requirements of the landlord.
Celebrate on the balcony
You can finally celebrate with friends again. When the weather is nice, you can end the evening on the balcony particularly nicely. But be careful: the higher the mood, the higher the noise level. Then even the most tolerant neighbor can lose patience.
Note rest periods
Lawyer Limberg explains: “Contrary to popular belief, there are no nationwide legally stipulated quiet times, but house rules often provide for a night’s sleep from 10 p.m. to 6 a.m.” During these quiet times, the noises should therefore be at “room volume ” occur. However, the respective state laws can once again provide for specific regulations.
Let neighbors know
In general, it is advisable to simply let the neighbors know if you are planning a larger party. This way you can avoid arguments in advance. If you don’t want to miss out on music after 10 p.m., it makes sense
to move the celebration inside.
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