Grill fire may be harassing. Paul-Georg Meister / Pixelio
There is no general legal prohibition or regulation that prohibits or restricts the barbecue on the terrace, in the garden or on the balcony of the apartment for rent. There are a number of judgments in which the judges are trying to balance the interests of the contending parties with the impetus of a compromise to today. If you know these guidelines, it'll work well with the neighbors.
Grilling is joy and ortsüblich
- If you are grilling in the garden, you can assume that courts consider in view of today's leisure and habits in leisure grilling as a "usual and customary in the summer form of food preparation of any kind". Grilling is not a "relic of the Stone Age" (LG Stuttgart 10 T 359/96).
- A general scheme can be found at most in § 906 of the Civil Code. There is the "feed imponderable substances" controlled. Thereafter, your neighbors, the "supply of gases, vapors, odors, smoke, soot, heat, noise and similar effects not prohibit, so far as they are insignificant. To clarify the law refers apparently to the" country-Imissionsschutzgesetze "or the" Geruchsimmissions- Directive of the Länder Committee for Pollution Control. Properly practicable but these rules are not. Above all, she knows no one.
How often is a question of reasonableness
- Also, be sure the question of how often you should broil, judged by what is reasonable. This question of reasonableness is based on your interest to want to grill and the interests of the neighbors to be protected from smoke and odor.
- Note that while the perception of a so-called average man is decisive and not the personal sensitivity or hypersensitivity to grill odors.
- Continue assume that grilling in the summer time is common and generally reasonable.
- If your neighbor believes to be unreasonably disturbed by your grill activities, he must prove it. The mere allegation of harassment is not enough in court. He has a problem, because this does not smell document. Here only the evidence of witnesses is concerned.
Courts always decide anecdotal
- Assume that your neighbor is bothered excessively when smoke pull her into his apartment. Smoke and odors at a grilling time of around 6 hours in need of neighboring accept (LG Stuttgart, 10 T 359/96). The Amtsgericht Langen has judged it as a local custom when grilled or twice at lunchtime on weekends. The Amtsgericht Regensburg has limited the use of the grill to twice a month for each 3 h. The Munich District Court was of the opinion that one should four barbecue in his garden. The Oberlandesgericht Hamm holds barbecue activities on 15 days a year for reasonable.
- Stay as a tenant in an apartment building, you can be guided by the understanding of the Bonn District Court. There could a tenant from April to September grilling on his balcony only once a month and this should be the neighbors 48 hours previously notified (AG Bonn 6 C 545/96). To what extent this decision is practical and real life equivalent, is undecided.
- Ultimately, it also depends on whether you live in a single-family or multi-family house, barbecue in the garden or on the balcony and as the distance of your neighbors for barbecue. The wind direction can be crucial. How often you grill, therefore depends on many circumstances. Grillt your neighbor himself well, even this must be considered.
Note neighborly bid of consideration
- All these decisions are individual decisions and can be generalized in any way. There must always be left to your personal assessment of whether you can expect your neighbors your BBQ needs. Note neighborly bid of consideration and use your freedom only insofar as you may expect this from your neighbors.
- Remember that each contested dispute as a result little brings and everyone just nerves, time and ultimately costs money.