What to do if a neighbor misuses a barbecue?
Verified 26 June 2023 - Legal and Administrative Information Directorate (Prime Minister)
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In a detached house
A municipal or prefectural decree may restrict the use of barbecues.
You have to contact the city hall to find out.
Who shall I contact
If your neighbor does not comply with the municipal or prefectural decree, you can notify the mayor by any means. The mayor is indeed obliged to guarantee the tranquility of the inhabitants of the commune.
Outside of the restrictions imposed by an orderHowever, occasionally using a barbecue is not considered a abnormal neighbourhood disorder, despite the odors and fumes.
On the other hand, using a barbecue frequently for long periods of time (every day, noon and evening) can be considered a source of nuisance for the neighborhood. In addition, a barbecue can cause some damage to nearby houses (e.g. blackening of the facade caused by smoke, projection of ash).
If you experience this type of damage, it is recommended to talk to your neighbor.
If he does not act, you must send him a simple letter reminding him of the inconvenience caused. It's a good idea to gather as much evidence as possible to back up your mail.
If your neighbor does not act, you must send a registered letter with acknowledgement of receipt asking him to stop the inconvenience caused.
If, despite your various letters, the nuisances persist, you have the possibility to use a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find an amicable solution with the person who caused the damage.
Who shall I contact
This is mandatory in order to be able subsequently to make a appeal to the court from the location of your land.
In court, you can request payment of damages to repair the damage suffered by demonstrating, for example, that you can no longer enjoy your garden because of the intensive use of the barbecue by your neighbor.
In a condo building
The co-ownership rules may restrict or prohibit the use of barbecues. If your neighbor does not comply with this document, you must notify the condominium trustee and the President of the trade union council. Indeed, the trustee is the guarantor of compliance with the rules governing joint ownership.
Apart from the restrictions imposed by the co-ownership regulation, using a barbecue on an occasional basis is not considered a abnormal neighbourhood disorder, despite the odors and fumes.
On the other hand, using a barbecue frequently for long periods of time (every day, noon and evening) can be considered a source of nuisance for the neighborhood. In addition, a barbecue can cause some damage to nearby dwellings (e.g. darkening of the facade caused by smoke, projection of ash).
If you experience this type of damage, it is recommended to talk to your neighbor.
If he does not act, you must send him a simple letter reminding him of the inconvenience caused. It's a good idea to gather as much evidence as possible to back up your mail.
If your neighbor does not act, you must send a registered letter with acknowledgement of receipt asking him to stop the inconvenience caused.
If, despite your various letters, the nuisances persist, you have the possibility to use a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find an amicable solution with the person who caused the damage.
Who shall I contact
This is mandatory in order to be able subsequently to make a appeal to the court the location of the building. In court, you can request payment of damages to repair the damage suffered by demonstrating, for example, that you can no longer enjoy your balcony because of the intensive use of the barbecue by your neighbor.
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