Barbecue on the roof terrace - Legal

01-10  Source: Network gathering  Views:10 


Barbecue on the roof terrace - Legal

Do not bother grilling excessively neighbors.

Grilling is a common pastime. It is generally accepted. It becomes critical only if caused by the grilling smoke and odors that annoy those who do not just grilling. Also, there are contemporaries who reject crickets as "relic from the Stone Age". Then you should know your limits.

Lease or community order can prohibit grilling

  • Do you rent, check your lease in advance. This may prevent the barbecue on the balcony or the terrace. You must contact the prohibition hold (Landgericht Essen (10 S 438/01). If your apartment a rooftop terrace, a ban is unlikely. Prohibits your lease then a flat rate any grilling, you should contact your landlord if he allowed an exception. requirement should be that you do not annoy your neighbors. it is precisely on such a ban aims regularly.
  • Are you homeowners in a condominium facility, community order or house rules may prohibit grilling likewise.
  • An included in the lease or in the house rules ban may be limited in so far as it makes local and timelines. Then the Barbecue is in the garden or just 12, for example - allows 14 AM. Even then you need to stick to it. The same can you expect from your neighbors.

may also from your rooftop poses no impairments

Otherwise, there is no general legal prohibition, which prohibits grilling on balconies, terraces, roof terraces or in the garden. Operation of barbecues spot in terms of today's leisure habits is a usual and customary in the summer form of food preparation any kind. Barbecue is not a "relic of the Stone Age" (LG Stuttgart ZMR 1996 624). A legal regulation would, given the diversity of life situations can also provide no reliable control.

  • The Court is therefore completely uniform and the absence of clear rules by law. There are no generally accepted guidelines and orientation guidelines. Regularly ask the courts depend on the individual case. Here, the neighborly principle of mutual consideration plays the key role.
  • In that regard, it is immaterial whether you are grilling on the balcony, in the garden or on the roof terrace. It is crucial that your neighbors are affected by the smell and the smoke does not have dimensions. Personal feelings or sensitivities because of odors and smoke are not authoritative. Rather, the perception of the average person counts. In case of dispute, the courts perform sometimes even a "smell survey method" by and try to determine whether an odor is so substantial that it is unreasonable (OLG Hamm NVwZ-RR 2007 756). The question of reasonableness can then argue about.
  • For this purpose, it is important that the intensity of the interference is clearly perceptible. You must also not just occasionally, but frequent. Nauseating or nausea-inducing odors, are unacceptable in any case. but crickets alone is often only a Anspatzpunkt for criticism. but often come added other circumstances which increase the disability rating. So should reduce the tolerance limit of the neighbors also loud celebrations with several people. The same is likely if you celebrate until late in the night or your guests block parking.
  • Part odor emissions directive of countries Committee on emission protection is used. It is as practical help of little use. As a result, should no longer be reasonable lasting odor nuisance from about 36 days a year. This gives a reasonable BBQ activity calculated from one to two times a week (OLG Hamm NVwZ-RR 2007 756).
  • No matter how you see or understand the law. Individual decisions are not necessarily a guide, if present in your particular case other circumstances. It is crucial that you do not annoy your neighbors unacceptable. In that regard, the assessments also depends on whether your neighbor grilling yourself or grilling rejects as such. The prevailing wind direction can make a difference.

At best, you have to your neighbors a good relationship so that the barbecue is generally accepted. Likewise, you should not überstrapazien the circumstances and not zuräuchern your neighbors continually and ruthlessly. It is even better if you invite the neighbors for grilling on your rooftop is. Then your problem solves practically up in smoke.

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