Can my neighbor operate a fire pit in the garden that bothers me?
November 6, 2022 | 50,00 EUR | answered by Lucas Schmidt
Dear lawyer,
I am contacting you because I feel very disturbed by my neighbor's fire pit in my garden. Some time ago, my neighbor built a fire pit that regularly emits strong smoke and, when it's windy, sparks in my direction. This not only affects the quality of the air I breathe, but also worries me about my safety and the safety of my property.
I have already tried to talk to my neighbor and address the disturbance with him, but he does not show any understanding for my situation and insists that he has the right to operate a fire pit in his garden. Therefore, I feel helpless and do not know how to proceed.
I would like to ask you if it is legally permissible for my neighbor to operate a fire pit that disturbs me. Are there any laws or regulations that can protect me in this situation? What options do I have to address the disturbance caused by my neighbor's fire pit? I would like to know what steps I can take to improve my situation and defend my rights.
Thank you in advance for your support and advice.
Sincerely,
Andrea Köhler
Dear Mrs. Köhler,
Thank you for your inquiry regarding your neighbor's fire pit that is bothering you. I am sorry to hear that you have already tried to resolve the issue on a personal level but your neighbor is not being understanding. As a lawyer specializing in neighborhood law, I can provide you with some information and advice to assist you in this situation.
First of all, it is important to know that operating a fire pit is generally allowed as long as it does not cause a nuisance to the neighbors. In your case, the smoke and sparks from your neighbor's fire pit seem to be a nuisance as it affects your air quality and raises safety concerns.
In Germany, there are laws and regulations that govern protection against such nuisances. For example, the Federal Immission Control Act (BImSchG) regulates air pollution control and protection against harmful environmental impacts, including smoke and odors. If the smoke and sparks from your neighbor's fire pit exceed the legal emission limits, this could be a violation of the BImSchG.
In such a case, as the affected neighbor, you have the right to take action against the nuisance caused by your neighbor's fire pit. For example, you could file a complaint with the relevant authority responsible for enforcing environmental protection laws. This authority could then take measures to ensure that your neighbor complies with the legal requirements and ends the nuisance.
It would also be advisable to seek legal advice from a lawyer specializing in neighborhood law to clarify your rights and options more precisely. An experienced lawyer can help you take appropriate steps to end the nuisance caused by your neighbor's fire pit and improve your situation.
I hope this information will be helpful to you and wish you success in resolving your issue. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Lucas Schmidt
Lawyer specializing in neighborhood law
