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GERMANY EXPLAINED

Reader question: Can I have a barbecue on my balcony in Germany?

Grilling is a popular pastime in the summer in Germany. But can you do it on your balcony?

Reader question: Can I have a barbecue on my balcony in Germany?
Archive photo shows a BBQ in Gotha, Thuringia. Photo: picture alliance / dpa | Michael Reichel

Germany has previously been named the grilling world champion, according to a study by Focus Media in 2011.

However, not all of us are lucky enough to have a sprawling garden and, especially in cities like Berlin, Frankfurt and Munich, balconies are generally considered a good substitute. 

READ ALSO: Eight signs that summer has arrived in Germany

The question of whether barbecuing on your balcony is verboten, however, is a trickier one.

According to the German Tenant’s Association (DMB) barbecuing on balconies of rented apartments is, in general, permitted. The DMB states that it does not matter in this context whether the barbecue is on the balcony, the terrace or in the garden.

This is, however, not an excuse to grill away, as the law contains some circumstances in which barbecues are not allowed at home. In general, a fireplace on the balcony without a grill is not allowed, and all open fires must be avoided.

Apart from this, there are a few particularities that determine whether it’s safe to break open the Bratwurst and Spargel.

Contract dependent

Tenants who have signed an agreement in which barbecuing is expressly forbidden are unfortunately not allowed to barbecue on their rented property.

The landlord has the right to include this clause in the rental contract according to a ruling of the Regional Court of Essen (10 S 438/01).

Those who use a barbecue despite this contract ban can even be threatened with immediate dismissal from their property.

Mind the smoke

Regardless of the rental agreement, all neighbours are protected from being disturbed and, in a barbecuing scenario, that means they have the right to be safe from excessive smoke.

In the very worst-case tenants wouldn’t be evicted, but could face a fine under the Emission Control Act. This act naturally applies to both tenants and homeowners.

Photo: DPA

How much smoke is too much?

This generally depends on the exchange you have with your neighbours. Technically, you or your neighbours can take legal action against each other for an excessive amount of smoke emanating from the other’s barbecue.

Take our advice and use an electric grill. Alternatively, warn your neighbours beforehand or invite them over to enjoy the barbecue to avoid major disagreements.

Federal peculiarities

Whilst your rental agreement and house rules are paramount in deciding whether you can have a barbecue on your balcony this summer, the rules aren’t uniform across Germany.

In Bavaria, barbecue lovers are only allowed to use their gardens for a barbecue up to five times a year. Stuttgart only allows barbecuing on the terrace three times a year, or for a total of six hours.

READ ALSO: Why we love Germany’s sweet summer snacks

In Bonn, barbecue fans are permitted to grill on their terrace or balcony once a month if neighbours are warned in advance. In Hamburg, barbecuing on the balcony with charcoal is totally prohibited.

Put simply, a barbecue on your balcony is allowed in Germany provided you don’t smoke out your neighbours. Be careful though, as your rental contract could potentially include your agreement to not have a barbecue on your private property and put you at risk of eviction.

On top of that, check what your particular region has to say before you start setting up a daily barbecue.

Member comments

  1. The article begs the question . . . why not an extractor/filter hood? If you can have one in your kitchen, then why not install one on the balcony?

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READER QUESTIONS

Is it legal to grow cannabis in a German allotment garden?

Germans love their Kleingärten - or allotment gardens. Now that cannabis has been partially legalised in Germany, some people are wondering if it is legal to grow weed there. Here's what you need to know.

Is it legal to grow cannabis in a German allotment garden?

Germany changed the law around cannabis on April 1st. 

Under the first step, adults over 18 are now allowed to carry 25 grams of dried cannabis and cultivate up to three marijuana plants. 

Many people in Germany have an allotment garden – known as Kleingarten or Schrebergarten. This is a plot of land that city-dwellers can rent out to use as their own garden. They can grow various things there like flowers and vegetables. 

There are over 900,000 throughout the country, and the Federal Association of German Garden Friends estimate around five million people use a Kleingarten.

READ ALSO: How to get a Kleingarten in Germany

So is it possible to grow cannabis there?

As always when it comes to Germany, the laws are tricky to clarify but in general the answer is: no. According to the German Health Ministry, cultivating marijuana plants in allotment gardens is generally not permitted – because growing cannabis is only legal ‘at someone’s place of residence’ under the new law. 

A ministry spokesperson told DPA that cultivation in allotment gardens would only be legal on the condition that the person growing the cannabis is resident there.

“This is not usually the case,” said the spokesperson, referring to the Federal Allotment Garden Act which does not allow people to have homes at their allotment. 

It is regulated by law that an arbour or shed in an allotment garden is not suitable for permanent residence. “In addition, the legislator expressly rejected the conversion of arbours into small private homes in the procedure for the Federal Allotment Garden Act,” said the ministry spokesperson.

There is one exception, however. 

It applies within the framework of the protection of existing rights if the owner of an allotment garden already lived there or used the allotment as a residence before the Federal Allotment Garden Act came into force more than 40 years ago.

“The rights of an allotment gardener to use his allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1st 1983 and no other regulations prevent residential use.”

Someone holds part of a cannabis plant

Cannabis is partially legalised in Germany. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

The German Hemp Federation had been questioning whether cultivation at allotments was allowed, and said they believed it was under the law. 

The federation pointed out that the text of the law states that adults can grow up to three cannabis plants “at their place of residence or habitual abode”.

But that the explanatory notes go on to say: “Private cultivation is the cultivation of cannabis in the private home. The term ‘dwelling’ within the meaning of this law includes all premises dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday homes, etc.”

For this reason there has been confusion – but the Health Ministry has tried to clarify this by pointing out the various laws and the exception regarding allotments. 

Can you smoke cannabis at an allotment garden?

So people cannot cultivate cannabis at their Kleingarten – but can they legally smoke it?

The answer is yes – as long as the person in question is an adult and the garden is not near a school or similar facility. 

Under the new law, cannabis will remain banned for under-18s and within 100 metres of schools, kindergartens and playgrounds.

As the next step in the legal reform, from July 1st it will be possible to legally obtain weed through “cannabis clubs” in the country.

These regulated associations will be allowed to have up to 500 members each, and will be able to distribute up to 50 grams of cannabis per person per month.

However, given that the cannabis law was passed at short notice on April 1st, it is unclear how many of these clubs will be established in time for July. 

READ ALSO: What to know about Germany’s partial legalisation of cannabis

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