Important rulings for balconies, patios and gardens

The temperatures are rising, the days are getting longer - wonderful. It's finally time to get out onto the balcony, into the garden or into the great outdoors to barbecue, party, play and exercise. To make sure you don't get into trouble with other people, we have compiled the most important rulings for balconies, patios and gardens for you.

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via Tanja Seiffert
05/20/2018, 06:00
Wichtige Urteile für Balkon, Terrasse und Garten – was ist erlaubt?© picture alliance
How often can you barbecue, how long can you party? Outside, very specific laws - and judgments - apply!

The most important rulings for balconies, patios and gardens: What is allowed and what is not?

Barbecuing on the balcony?

Yes, that's allowed. Unless it is expressly forbidden in the tenancy agreement. However, the neighbors must not be disturbed, for example, there must be no heavy smoke, otherwise a fine may be imposed if a complaint is made.
Judgment LG Essen, Ref.: 10 S 438/01

Celebrating hard at the garden party?

In a case that ended up in court, a man invited people to a garden party. The lawn was surrounded by apartment buildings in which he also lived. He fired up the charcoal barbecue, the smoke built up in the courtyard and drifted into the tenants' apartments. The party went on into the night and the residents felt massively disturbed. He had to pay a fine for this.
Judgement OLG Düsseldorf, Ref.: 5 Ss (OWi) 149/95

How often are you allowed to barbecue?

So, barbecuing once a week is quite normal in summer? Judges in Bonn saw it differently: once a month from April to September with prior notice - that's all the neighbors have to put up with. The regional court in Stuttgart was even stricter and even restricted barbecues to three times a year (case no.: 10 T 359/96). The only tip here is to talk to each other and switch to a gas or electric barbecue.
Judgment AG Bonn, Ref.: 6 C 545/96

Pavilion or arbor - what is allowed and what is not?

You may erect a tent pavilion on the terrace. This is what the tenant of a terraced house did. The landlord demanded that he take the pavilion down again. The reason: summer arbors and similar structures are prohibited. The judges ruled in favor of the tenant. The pavilion was not firmly anchored and served as sun protection.
Judgment LG Hamburg, Ref.: 311 S 40/07

Garden gnomes are a matter of taste?

Garden gnomes as far as the eye can see in the neighbor's garden. If you find them simply hideous, you still have to put up with them. However, this does not apply to gnomes that make obscene movements or insults. Then you can demand that the garden gnome lover removes them from the garden.
Judgment AG Grünstadt, Ref.: 2a C 334/93

Are children allowed to make noise while playing?

They play and run around in the garden or on the football pitches. That's great, and of course they are allowed to make noise. After all, it's part of the game. Residents of playgrounds and neighbors must tolerate it, as judges have ruled.
Judgment AG Cologne, Ref.: 220 C 275/92

Blooming landscapes in balcony boxes?

Tenants are generally allowed to plant inside and outside boxes on their balconies. However, they must be well secured and windproof. And tendrils must be cut back regularly so that they do not end up on the neighbor's balcony.
LG Hamburg, Ref.: 316 S 79/04

Night's rest from 10 pm?

There is actually a ruling on this. It's over at 10 pm. But: if the party is then moved indoors, the window may remain open for ventilation.
Regional Court Frankfurt a. M., Ref. 2/21 O 424/88