What to do if a neighbor misuses a barbecue?

Whether one lives in a house or apartment, there are no restrictions on the use of a barbecue that, if occasional, is not considered a neighborhood disorder.

However, it can be regulated:

• by the rules governing co-ownership, subdivision or leasing, the terms of which must be checked. Check with your condominium trustee;
• by a municipal or prefectural decree. At certain times of the year, and particularly in dry climates, the embers can take off and start fires, so the mayor or the prefect can decide to take a decree to ban barbecues throughout the commune or the entire department.

Some clauses or bylaws restrict only the use of charcoal-fired barbecues and not those powered by gas or electricity, restrict the use of barbecues on balconies or terraces, others limit it to certain time slots.

Check with your local council to find out what can and cannot be done.

How do I prove an abnormal neighborhood disorder?

Intensive use of barbecue for long periods of time can be an “abnormal neighborhood disorder.” It is then necessary to demonstrate the nuisances and damage caused (darkening of a wall, projection of ash...).

An “abnormal neighborhood disorder” is defined as disturbances that exceed the normal neighborhood disadvantages. To see this, justice is based on several criteria:

• frequency of the disorder and its duration;
• its intensity;
• the time it occurs (day or night);
• the place where it occurs (in urban or rural areas, in business or residential areas);
• compliance with the regulations in force.

And then what?

If you think you are having an ‘abnormal neighborhood disorder’, you have several solutions:

• engage in a friendly approach with your neighbor, verbally, to try to find an arrangement. If there is no agreement, send him a formal notice by registered mail to move his barbecue or limit its use.
  If your mail has no effect, contact your trustee (if you live in a condominium) or your town hall to enforce the condominium by-law or by-law in force.
  If this does not work, involve a court conciliator by sending a letter explaining your dispute. This remedy is free of charge. This is a mandatory step, and then you can go to court and seek damages.

• take legal action for damages.
  Before you do so, make a note of the nuisance you are suffering by a bailiff or collect written testimonies from other neighbors. In addition to the "abnormal neighborhood disorder," you can also invoke the fact that you can no longer peacefully enjoy your garden or balcony. This argument is based on Article 544 of the Civil Code, which defines property as "the right to enjoy and dispose of things in the most absolute manner". The latter solution is often long and expensive.