Is it okay to grill on a balcony?

The recent period is not exactly conducive to outdoor parties. Therefore, many people are trying to move ways to relax on the weekend closer to home. One of the ways is barbecuing on the balcony. What about the law? Can you spend time in this way and how to behave in the face of possible protests from neighbors?

Why do we want to barbecue on the balcony?

In the past it could be said that convenience contributes to this. With good weather and a little free time comes the temptation to use even the modest balcony conditions to fire up the grill and roast your favorite dishes on it. Pandemic period has changed a lot. Especially in spring, firing up the grill on the balcony with the family could be one of the few ways to break away from the unpleasant reality of fear of the virus.

Can you light a barbecue on the balcony? Legal basis

Unfortunately, the reality of living together in an apartment building is not necessarily conducive to barbecuing on the balcony. Many factors come into play here, but the smoke intruding into neighbouring apartments can be a source of much resentment between residents. Do neighbors have legal grounds to claim that they should not smoke on the balcony? Polish law is not clear in this case, because:

• there is no provision in the law prohibiting barbecue on the balcony,
• instead, you must comply with Article 144 of the Civil Code prohibiting ”indirect immissions” – this refers to smoke and odors that interfere with the use of neighboring properties

Can we get a fine for barbecuing on the balcony?

Of course, there is the risk that, when barbecuing on the balcony, the municipal police or the police knock on our door and write us a fine. The legal basis will be the article 144 of the Civil Code. So not only the threat of fire, but also too strong-smelling smoke from sausages can become the subject of a dispute. Alternatively, we may have problems because of the disruption of public order, especially when the occasion is music and loud. Importantly, at the same time the state services will not be able to extinguish our barbecue, because it is exposed on the balcony, which is part of the domestic space. To get to it, we would need a warrant from the prosecutor, which is difficult to obtain. In any case, you risk depleting the contents of your wallet by up to 500 zł

What else can result in lighting a barbecue on the balcony?

Before you decide to spend your free time in such a way, you should first read the rules of the community or housing association to which you belong. In such documents are often written very detailed prohibitions and there you can look for indications on barbecue on the balcony. In the most difficult cases, we may be threatened with expulsion from the community, even though we are not aware of what is written in the local regulations.

What about safety?

It should also be noted that the barbecue on the balcony is in conflict with fire safety regulations. In this case, it is about the prohibition of lighting a traditional charcoal barbecue on the balcony. In this case we are dealing with an open fire, which can contribute to the start of a fire. In an extreme situation, when a fire actually starts from the barbecue, the person who is responsible for it can be charged under Article 163 of the Criminal Code for bringing disaster. Then such a story can end up with up to 10 years in prison

What about an electric barbecue?

Can you light an electric barbecue on the balcony? Again, the answer is not easy. The prevailing opinion is that it is allowed, but subject to certain special rules. First of all, the device should not heat up in the outer parts above 100 degrees C. In addition, it must be away from all flammable materials

So is it worth it to light a barbecue on the balcony?

It seems that, taking into account all the advantages and disadvantages of the idea, grilling on the balcony and terrace is not the best idea. Admittedly, we can afford a tasty sausage, but will it be roasted and eaten in a truly idyllic conditions, when every now and then we will be admonished by neighbors? Of course not. It is better to find another place.