Smoke signals in the garden

With summer upon us, sunshine and warm temperatures beckon many to fire up the barbe-cue. According to a recent survey, 85 percent of Germans indulge in this beloved pastime at least once a month during the grilling season. However, what is a source of joy for some can quickly become a nuisance for others, particularly when smoke drifts into neighbours' homes. Sabine Brandl, a lawyer at ERGO Rechtsschutz Leistungs-GmbH, offers insight into the regulations surrounding barbecuing and how to navigate potential disputes.

Understanding the Legal Landscape

In Germany, there isn't a specific law governing barbecuing; instead, various legal frameworks dic-tate what is permissible. These include the German Civil Code (BGB), neighbour laws from differ-ent federal states, and local municipal regulations. Rental agreements and house rules can also play a significant role. "Many tenancy agreements specify whether and what type of barbecue—such as gas or electric—is allowed on balconies or in gardens," explains Brandl.
Furthermore, state regulations may apply. For instance, in North Rhine-Westphalia and Branden-burg, laws prohibit outdoor burning if it could significantly disturb neighbours, which includes barbe-cuing if smoke enters their living spaces. Non-compliance with these regulations may lead to fines, as Brandl cautions. Therefore, it is wise to familiarize yourself with local rules before lighting the grill.

Neighbourly Rights and Responsibilities

Barbecuing is generally acceptable as long as it does not cause unreasonable disturbances to neighbours. The principle of mutual consideration is key here. This means that smoke, odours, and noise should not significantly affect those living nearby. "Quiet hours commence at 10 p.m., so loud barbecues or music should be avoided," Brandl advises. Barbecuing too close to the fence can also lead to complaints regarding smoke and smells.
Determining what constitutes an unreasonable disturbance can vary case by case. If neighbours find themselves needing to keep their windows shut or avoiding their gardens entirely, this could be deemed excessive. In states like Brandenburg and North Rhine-Westphalia, smoke disturbances are explicitly prohibited, and violations can result in penalties. Courts may interpret these situations differently, leading to a range of rulings on how often, where, and until what time barbecuing is al-lowed.

Tips for Avoiding Conflicts

To steer clear of disputes with neighbours, consider the following practical tips for considerate bar-becuing:

1. Communicate in Advance: Let your neighbours know about your planned barbecue. Open dialogue can help prevent misunderstandings, especially if you expect a large gathering or intend to play music.
2. Choose the Right Location: The placement of your barbecue can significantly impact smoke direction. Avoid positioning it where smoke may drift into your neighbour's property or through open windows.
3. Be Mindful of Frequency: If you barbecue every evening, you may invite discontent. In dense-ly populated areas, it’s wise to exercise restraint and take regular breaks.
4. Select Your Grill Wisely: Opt for gas or electric grills, which produce less smoke and odour compared to charcoal barbecues. This choice can minimise potential disturbances.