4 rules for using barbecue in the condominium
Regulations, common sense and the condominium regulations. How and what to do to use the barbecue on the balcony.
It’s summer time, hot temperatures arrives and the desire to organize dinners with friends, maybe having a nice barbecue on the balcony ... and so the rage of the neighbor is unleashed, annoyed by the smoke that enters his house, by the smells that feel and everything that involves using a barbecue.
It's always nice to spend time in good company, combining laughter with good food, but what if this pleasant moment is ruined by an annoyed neighbor?
The use of barbecues on condominium balconies is often the subject of friction, if not real quarrels between condominiums. Then when the situation is not very clear and definite, one has to have even more doubts that generate even more discussions.
So is it possible to place a barbecue on the balcony? Do we need to take precise distances into account? What is the difference between mobile and masonry barbecues or those with steel chimneys?
Well ... can you use the barbecue in the condominium on the balcony or not?
Let us start by saying that the first rule to follow is that of common sense, which regardless of the prohibition imposed should make you doubt about the case or not of acting in a certain way rather than in another.
The law imposes its own rules and prohibitions, but regardless of this, acting also according to the aforementioned, are we sure that we are not causing any kind of annoyance?
Let's go at this point to see in detail what the norm says and then we see
4 RULES FOR USING THE BARBECUE IN CONDOMINIUM
1 - Keep distances: Barbecue on the balcony VS distances from the border
The norm reads: "who at the border, even if on this there is a dividing wall, wants to manufacture furnaces, chimneys, salt warehouses, stables and the like, or wants to place damp or explosive or otherwise harmful materials, or plant machinery , for which the risk of damage may arise, must observe the distances established by the regulations and, failing that, those necessary to preserve the neighboring funds from any damage to solidity, healthiness and safety ".
NB: the text above, at least according to the interpretation of the writer, concerns masonry barbecues, or rather those with chimneys for the discharge of fumes.
The classic portable barbecues, which are to be considered mobile objects rather than manufactured goods, are not subject to the discipline on distances, but rather to the standard of common sense of positioning at a suitable distance to preserve the healthiness of the area. Obviously all this except for any local regulations in force on these aspects.
Consequently, mandatory distance is not, but we are still looking for a reserved position, not to disturb our beloved neighbor.
2 - Security and decorum of the building: is the barbecue in a safe and not "bulky" position?
The second point concerns the architectural aspect of the building, as well as the stability and security of the facade.
Article. 1122 c.c. specifies that "the works on parts of individual property must not jeopardize the stability, security or architectural decorum of the building".
So if you want to install or build a brick barbecue on the balcony, you will first have to evaluate:
the weight, in relation to the ability to support the balcony;
aesthetic impact on the whole of the condominium façade, (we do not forget that the condominium regulation applies on the architecture of the façade that imposes certain rules).
3 - Where do the fumes of your barbecue end up?
We consider that your barbecue respects distances, weight and aesthetics, so nobody can tell you anything? Is everything in order?
It is not really so. Let's say that any artifact, although in compliance with the current regulations, does not mean that it does not cause any kind of discomfort.
As we all know, barbecue fumes are among the least tolerable:
"It is now part of the common experience that from the burning of charcoal [...] a carcinogenic substance develops; already in 2010 the International Agency for Research on Cancer included wood smoke among the possible carcinogens; it should be added that even on large circulation newspapers the harmfulness of barbecue fumes was highlighted (see eg the newspaper La Stampa 8/8/2012 insert health) "(Cassation June 20, 2017 No. 15246)
Obviously being a problem related to the use of the barbecue and not to the type of barbecue used, the immissions of smoke always annoy in the same way, and consequently the risk of disputes remains always the same.
4 - Building regulations: the first to speak
Ultimately, the condominium contract regulation remains, which in reality is the one to be taken into consideration in the first instance:
"Regarding building condominiums, private autonomy allows the parties to enter into conventions that limit the dominical right of all or some of the condominiums to the parts of them excluded