BBQ and the Law

I have a very grumpy upstairs neigbour who has threatened to call the police if I ever have a BBQ on my, ground floor, patio (directly under his balcony)

I have a 'smokeless' BBQ but, obviously, there's still some smoke and (imho, delicious) smell.

If I do have a BBQ under those circumstances,what law, if any, am I breaking ?

(I have a workaround.. I can put the grill at the bottom of the garden.. but then I'm walking up and down to food all the time)

Legally you're allowed to do so, within reason. If it were me, I'd do it and let him call the police. You might want to talk to your rental agency too.

Should have added.. it's a small block of privately owned appartments

Just tell him it's not a BBQ, it's just a big cigarette. Then he won't complain and may positively encourage you.

That makes it a bit more complicated, I guess. I can understand not wanting a drama with your neighbor. A little bit of googling shows that you are indeed allowed to grill on your balcony, within reason.

https://www.beobachter.ch/wohnen/nac...auf-dem-balkon

I have a big smoker that I let burn for a full day so a neighbor might have a legitimate gripe if I were doing so on a balcony below them, but you sound like you have a normal grill and if you're keeping emissions and noise to a normal level you should have no problem. I'd consider calling the police and asking them about the situation...

Let the police come by and explain your rights to him. That way it needs to be discussed only once

A coal BBQ is usually banned from apartments due to the noxious smoke, but a gas grill is allowed.

And I have two small one's, one being my wife!

But, I live on the top floor, and the only thing that has happened in the past 28 years of my grilling and smoking is that more of the neighbors have bought grills!

(I'm pretty sure that I was the first)

Tom

I have both, but the gas one has been converted into a pizza oven, so coal/wood/smoke chips is the norm.

Tom

That is absolutely fascinating information. However it doesn't change the fact that (char)coal BBQ's are generally prohibited in apartment blocks.

Your mileage when using them essentially depends on the tolerance of your neighbours.

I don't know where your general is but I have never lived or had friends who lived or have heard from people who lived in places where it was prohibited in Switzerland.

The absolute only place where they ask people not to use the charcoil ones is those in our houses who only have "Lauben" (covered, patio-like balconies with the roof even pulled down 3/4 of it) where the ceilings would get black. Which makes sense.

i agree. also, don't let him bully you.

Check your Hausordnung. In our old place we had a ground floor apartment and weren’t allowed to have a bbq on our terrace. I hadn’t noticed it in the rules and it was tolerated for a while, until I got a polite letter from our landlady saying it had been raised at the AGM. Apparently it would have been ok on the grass further away from the building, but I just know I’d have ended up with a bill for any damage to the grass whether caused by us or anyone else.

We moved soon after and one of the first questions we asked at the new place was if we were allowed a charcoal bbq.

So while it may not be illegal, continued breach of the Hausordnung could be enough to have your lease terminated.

Crazy notion, but you could invite the neighbour (and family) to come have dinner with you. To say "thank you for welcoming us to our new home".

And have a BBQ. And spoil him/her rotten. And maybe the grumpiness and anti BBQ sentiment will go away?

You are absolutely allowed to use a gas bbq. Let him call the police but there's nothing they can do as it's a civil, not criminal matter. In fact if they do come invite them for a drink and a sausage which should bring about some goodwill.

As for breaking the house rules, it's a bit complicated. First it has to state bbq's are not allowed. Then it has to mention the penalty for breaking the house rule which will be applied not to you, but to the owner. Then of course you have to check your contract to see if you have to pay as the owner will certainly pass the fine to you.

Eviction is extreme, and I've seen many cases where the owner tries to evict a tenant for breaking house rules. Judges are extremely reluctant to allow this if it's not a really serious thing and especially if there are kids living there. It depends on the canton I'd imagine.

I presume he is the owner

Cheers and thanks for the feedback. I own my apartment and its 'private' garden. It's a gas grill. I've lived here a long time. The fella above is always as grumpy as F with everyone about everything (he's in his mid sixties and lives with his mum.. maybe a factor). I'll check the house rules, but I doubt it'll have anything to say.