If you don't have the luxury of living in a house with a garden, then when the nice weather arrives, you may naturally wonder: can you have a barbecue on your balcony? Indeed, in the spring, we are tempted to enjoy the sun and prepare some grilled food on the terrace of a rental property in Lausanne or elsewhere.
The law does not prohibit tenants or property owners from cooking on a barbecue on their balcony or terrace. This is indeed a private space, and as such, the property management company cannot legitimately impose this type of prohibition. However, if the smoke from your barbecue causes a nuisance for your neighbors, you may risk breaking the law. In Switzerland, federal legislation clearly states in article 257f that one must show due consideration to their neighbors. In other words, you must respect their well-being. Article 684 specifically mentions the need to avoid generating bad odors for other residents.
Regarding what is considered excessive infringement, it is mainly charcoal that is incriminated. This fuel indeed causes unpleasant odors, smoke, and pollution. A gas barbecue, an electric barbecue, or a plancha will cause less discomfort. Therefore, the answer to the question "can you have a barbecue on your balcony?" will tend to be "Yes, but under certain conditions." For the respect of your neighbors, it is advisable to invest in a gas or electric barbecue. The property management company may also include a restriction on charcoal barbecues in the building's internal regulations.
In addition to the odor problem, barbecuing can also sometimes be associated with boozy and noisy evenings. Of course, nothing prevents you from inviting friends to drink a few glasses and enjoy some grilled food. However, you must also ensure to respect your neighbors' nighttime rest. In Switzerland, between 10 p.m. and 6 a.m., it is necessary to lower the volume of music and discussions. However, on a balcony potentially with people trying to sleep just a few meters from your barbecue, you will have to be very careful not to cause any noise disturbance.
If your barbecue evenings repeat themselves with a multiplication of noise and odor nuisances, and if the property management company believes that you are not showing due consideration to your neighbors, you risk them starting a termination procedure of your lease. This must, however, be based on sufficiently serious shortcomings. If you find the rules of your building too restrictive, you can search for a new rental property in Lausanne, Geneva, Bern, or Lugano by sending a letter of early termination of the lease. However, you will have to find a replacement tenant. For this, SherlockHomes is the preferred partner of outgoing tenants.
This article cannot be exhaustive and does not engage the responsibility of its author.
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