In the hottest months, it is common to see Portuguese to enjoy the balconies, terraces or marquees of their homes to make barbecues. These moments allow you to prepare outdoor meals and live with friends or family, enjoying the good time.
However, there are legal rules that limit this type of activity. The idealistic portal recalls that Article 1346 of the Civil Code states that no owner can use their property to harm neighboring buildings, including through smoke, smells, heat or noise.
This restriction applies even when emission occurs in a private area, such as a balcony or a terrace.
Coal barbecues and potential offenses
Coal or wood grills can lead to legal problems if fumes or odors disturb their neighbors. According to News to the Minute, many condominium regulations expressly prohibit the use of these equipment in private outer areas.
When use is contrary to an explicit prohibition or causes significant disturbance, the fine can reach € 750. In more severe situations, notably if there is a risk of fire or persistent discomfort, the values can exceed 2,000 €, according to several specialized portals, including the idealist.
Safer alternatives
Deco Proteste, a site specializing in consumer protection, recommends that residents in buildings choose electric grills, which do not produce smoke or soot and reduce the likelihood of conflicts with neighbors.
The body also warns of the importance of always consulting the condominium regulation and to avoid the use of common zones for activities that involve direct flame, especially on hot or wind days.
When condominium authorization is required
In accordance with Article 1422 of the Civil Code, any relevant amendment in the common parts, or that affects the structure or security of the building, requires the approval of the owners in the assembly. Therefore, the installation of a fixed barbecue, even in a private zone, may require prior authorization from the qualified majority of the owners.
Explains that this type of infraction is usually identified after complaints of the neighbors. The Municipal Police or the Local Chamber may intervene, raising an incident that may result in the application of the fine.
Cooking outdoors at home is possible, but requires care with law and respect for the quiet of others. A seemingly simple gesture may, if neglected, lead to significant fines.
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