The barbecue on the balcony is simply a violation. A neighbour can call the police, and you can pay a advanced fine

With the arrival of warmer days, the odor of baked food floats over Polish settlements. For many block residents who do not have access to their own garden, the balcony becomes the only place where they can devote themselves to the pleasance of grilling. Unfortunately, this seemingly innocent act, under conditions of dense multi-family construction, is the origin of constant neighbourly conflicts and, more importantly, a real threat. Contrary to popular belief, the law on this issue leaves no illusions. The barbecue on the balcony is treated as a violationand irritated by smoke and odor The neighbour has all right to call the police or city police. Intervention may consequence in imposition High mandatewhich will effectively cool the enthusiasm of any amateur urban barbecue.

Problem 1: Fatal fire hazard

Before we decision on to the problem of nuisance for our neighbours, we must realize the most crucial and absolute provision that concerns grilling on the balcony. It's about fire rules. The legal basis is here Regulation of the Minister of the Interior and Administration of 7 June 2010 on fire protection of buildings, another buildings and sites.

Its § 4(1)(5) explicitly states that it is prohibited to ‘fire in a place that allows flammable materials or adjacent objects to ignite’. The balcony, by definition, is specified a place. It contains elements of facade (often warmed by flammable Styrofoam), wooden furniture, floors, and items stored by neighbors above and below. usage of conventional carbon or gas grill, with open fire and hot coal lumps, poses a direct hazard of setting fire. All it takes is 1 stronger wind to bring tragedy.

The Fire Department's intervention in specified a case is not only a shame, but besides a possible prosecutorial charge of bringing the immediate danger of fire, for which there is simply a punishment of imprisonment.

Problem 2: Burdening neighbour and immissions (Article 144 KC)

Even if we are careful, there is simply a second, equally crucial issue – nuisance for our neighbours. Smoke, the intense odor of fried meat and fat that enters the apartments next door, is not something that they must tolerate. The law is on their side, and the tool is here Article 144 civilian Code.

This provision refers to the so-called. immissions, i.e. activities on own property that distort the usage of neighbouring properties ‘more than average’. Smoke and grill odor fit perfectly in this definition. A neighbour to whom we smoke the flat or prevent the airing of the laundry is entitled to feel hurt. It is on this basis that it can call the police, and in extreme, recurring cases, even mention the case to a civilian court with a request to halt burdensome actions.

Problem 3: Rules of association or housing community

The majority of block residents are subject to interior rules of order, adopted by cooperatives or housing communities. The vast majority of these papers include clear and unambiguous ban on grilling on balconies and terraces. The breach of this prohibition is the basis for imposing the order penalties provided for in the cooperative charter and is an additional argument for the police during the intervention. Before starting a barbecue, it is worth looking at the rules of your building – most likely there will be an answer to the question whether this is allowed.

Police intervention and a advanced mandate. What's the danger?

When a neighbor, tired of the smoke and noise, calls the police or city police, the patrol on arrival has respective grounds to act. Officers may fine us with at least 2 articles Code of misconduct:

1. Article 82(1)(1) KW: He speaks of careless handling of fire, which, combined with fire regulations, is simply a clear basis for punishment.
2. Article 51(1) KW: It's a classical recipe about disturbing peace and order. Loud behavior, combined with a nuisance of smoke and smell, perfectly falls under this offense.

In both cases, a punishment may be imposed up to PLN 500. This is the amount an officer may impose on the spot, and refusing to accept it results in the case being brought to court.

In view of all the above provisions, it should be stated unequivocally: the usage of conventional coal or gas grill on a balcony in a multi-family building is prohibited and dangerous in Poland. There's no area for interpretation.

Is there any alternative? The only solution that is acceptable by most regulations and without prejudice to fire rules is to usage electric grill. This device does not make open fire or smoke from coal combustion. Nevertheless, even utilizing an electrical grill, you should keep your senses and remember your neighbors. The intense odor of prepared food can inactive be a nuisance to someone.

Empathy and good communication are the key to avoiding conflicts. If you already decide on an electrical grill, you should inform your neighbors beforehand or choose the time that will be the least embarrassing for them. Balcony is part of the common space, and our freedom ends where the right to peace and safety of another man begins. It is worth remembering before the smoke from our sausage ends in unpleasant and costly uniform visits.