Barbecuing on the balcony: what is allowed?
Tenants are free to use their balcony, seating area or terrace – including for barbecuing. However: there are restrictions. Comparis explains what to watch out for when barbecuing on your balcony.
16.03.2023
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1. Are you allowed to barbecue on the balcony?
Barbecuing on the balcony is permitted in principle. In other words: your landlord may not prohibit you from barbecuing on the balcony.
However: you do need to be considerate of your neighbourhood. This duty of consideration is enshrined in the law (Art. 257f para. 2 OR). This includes avoiding excessive odour emissions (Art. 684 para. 2 ZGB) and adhering to the nighttime quiet period.
2. Can the house rules prohibit a charcoal barbecue on the balcony?
The property manager may restrict barbecuing on the balcony. For instance: they may forbid the use of a charcoal barbecue on the balcony. The reason: a charcoal grill can cause excessive odour emissions and disturb other people. On the other hand, a gas grill on the balcony is no problem.
The restriction must be stated in the house rules. In addition, the rental agreement must also refer to the house rules. In order for the restriction to be valid, the prohibition in the house rules:
must be based on objectivity
must be proportionate
and must not interfere too much in the private lives of the tenants.
3. Barbecuing in the summer: how long may a barbecue party last?
In Switzerland, a nighttime quiet period usually applies between 10 pm and 6 am. During this period: conversations and music are only allowed at room volume. So, the barbecue can last all night as long as you are considerate of the neighbourhood.
Good to know: the times when you must be quiet (known as quiet periods) may vary depending on where you live. Also take a look at the house rules – some of them regulate quiet periods.
4. What happens if I am not considerate of neighbours when barbecuing?
If you are not considerate of your neighbourhood, the property manager may warn you. If you do not change your behaviour despite a reminder, the property manager may terminate the rental agreement extraordinarily. Extraordinary termination is possible with 30 days of notice to the end of a month.
Good to know: in order for the extraordinary termination to be valid, the breaches of duty must be significant. The burden of proof lies with the landlord. The landlord must also terminate you with an officially approved form. This form states how you can object to the termination.
5. Who pays if my barbecue has caused a fire?
If you cause excessive damage to the rental apartment, you are generally liable as a tenant. This is even the case if you did not intentionally cause the fire. In other words: if you cause a fire, you must pay for the damage.
The situation is different if you have personal liability insurance. In most cases, the liability policy covers fire damage caused by a barbecue. The maximum amount paid by the insurance company depends on the amount covered and the coinsurance.
Important: personal liability insurance does not pay for damage incurred to your home contents during the fire. Only home contents insurance pays in this scenario.
This article was first published on 21.04.2020
