For many people, the smell of freshly grilled food is as much a part of summer as a cocktail is of the beach. Grilling is no longer just a means to an end, but has become a real lifestyle. But is it allowed to grill anywhere and as often as you like in Germany? Here you can find out which rules you should respect.
Is there a fundamental right to barbecue?
In Germany there seems to be a law for every issue, no matter how small. That’s why you might be surprised that there is no explicit case law for grilling. Rather, the topic is intertwined in the context of “mutual consideration” in Section 906 paragraph 1 of the German Civil Code (BGB).en. Neighborhood law, house rules and rental agreements may also restrict barbecues if the roommates’ quality of life appears to be at risk due to smoking or unpleasant odors. There is no fundamental right, nor is there a general prohibition. It is therefore advisable to read the rental conditions first and, if in doubt, to speak directly to the neighbor or the owner.
Is grilling allowed on the balcony?
Many apartment owners and tenants only have a balcony for grilling. But can you easily prepare your food with a charcoal grill, gas grill, or electric grill? Basically yes, because grilling is considered a «socially appropriate act». However, if the rental contract or house rules expressly prohibit grilling on the balcony, you must take this into account and refrain from doing so (LG Essen 10 S 438/01). But even without regulation, you have to make sure that your neighbors are not bothered by smoke and odors or disturbing the peace, because in this country reckless behavior is considered an administrative offense. In the worst case scenario, you could face a fine and even dismissal without notice.
With electric grill on the balcony
The electric grill produces much less smoke and is therefore often tolerated in house regulations and rental contracts. But here, too, the use of electric grills is not allowed if a ban has been written for tenants. Owners should also find out in advance whether sizzling with electricity is permitted on the balcony, terrace or in the garden.
With the gas grill on the balcony
While an electric grill is more of an emergency solution for many, the heat output of a gas grill is much closer to that of a charcoal grill. Additionally, there is no blanket ban on gas grills. However, you need to pay attention to some points when storing the gas cylinder, as this is considered a dangerous good. You should not store your gas cylinder in the basement or garage during the winter. That’s why it’s best to leave the bottle outdoors, on the grill, close it after use and put the protective cap on the valve.
Where can you grill?
Basically the barbecue should take place outdoors. Whether on the balcony, on the terrace, in the garden or on a shared barbecue area, the important thing is to respect the current house rules and show mutual respect. Frying within your own four walls is not advisable for a number of reasons. Smoking creates a great risk of carbon monoxide poisoning, even if you ventilate continuously. The risk of fire and grease contamination are also reasons to move your grill outdoors.
How often can you grill?
Even representatives of the law do not agree on this issue. While in Aachen it is permitted to grill in the garden a maximum of twice a month (LG Aachen Az. 6 S 2/02), in Stuttgart it is generally permitted to grill three times a year and for a maximum of two hours each (LG Stuttgart, AZ 10 T 359/96). This shows that there are numerous individual decisions, ranging from a fixed number of barbecue days to special permits for long barbecue evenings (see OLG Oldenburg (13 U 53/02)). It is important to observe the general rule of peace between 10pm and 12am. and 6 a.m. During this time it is necessary to move the social barbecue evening from the balcony or garden inside and not to exceed the volume of the room, otherwise you risk warnings, fines or dismissal. In general, it is recommended to inform your closest neighbors in advance or even invite them to grills and barbecues all day. This facilitates the situation from the beginning and benefits neighborly relations.
Conclusion
The good news is that the fun of grilling shouldn’t be taken away from you. Since there is no uniform law prohibiting grilling on the balcony, terrace or in the garden, you can grill on your property as often as you want and with all types of grills (electric grill, gas grill, charcoal grill), as long as you show mutual consideration. The only condition is that the rental agreement or house rules do not explicitly prohibit grilling. In this case you will have to use the public barbecue areas. Here you can indulge your passion for barbecue as you wish and possibly meet other residents who you otherwise wouldn’t have met.
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