During the warmer months, many Portuguese people take advantage of the outdoor spaces of their homes to have barbecues as moments of conviviality, preparing meals outdoors and taking advantage of the good weather. This habit, common on balconies, terraces, backyards or marquees, is a way of socializing and enjoying the environment.
But there are limits. According to the Civil Code, in article 1,346, the owner of a property can oppose the emission of smoke, soot, vapors, odors, heat or noise from a neighboring building when these causes substantial damage or do not result from the normal use of the building from which they come.
In practice, this means that having a barbecue at home is not automatically prohibited. The problem arises when the smoke, smells, heat, noise or risk created affects neighbors or violates condominium rules, municipal regulations or fire prevention standards.
Between coal and neighbors
The use of charcoal or wood barbecues on balconies, terraces or awnings can cause problems when the smoke and smells bother neighbors. In these cases, civil liability, intervention by the condominium or, depending on the situation, an infraction provided for in another legal regime may be at stake.
Idealista reminds us that any citizen can grill or barbecue, as long as the gathering does not disturb the neighbors or violate the condominium rules.
It also advises residents in buildings to consult the condominium regulations in advance. In some buildings, it may have been decided to prohibit barbecues on balconies or terraces, especially when they involve charcoal, firewood, direct flame or intense smoke production.
When there may be amounts exceeding 2,000 euros
There is no automatic national fine of 2,000 euros for having a barbecue at home. The values depend on the specific framework.
A different situation occurs when rural fire risk is involved. Decree-Law No. 82/2021 establishes that, in rural territories and municipalities with “very high” or “maximum” rural fire danger, it is not permitted to hold bonfires for recreation or leisure. On these days, the use of fire to cook food is only permitted in places expressly provided for this purpose, such as leisure or recreation parks that are duly infrastructured and identified.
In these cases, if someone uses fire outside of legal conditions, the fines can be very high. For individuals, very serious administrative offenses provided for in this regime can range from 2,500 to 25,000 euros.
The noise can also be heavy. If the barbecue turns into a party with noise that disturbs the neighborhood, the General Noise Regulations may apply. According to DECO PROteste, neighborhood noise can give rise to fines of between 200 and 2,000 euros in the case of negligence and between 400 and 4,000 euros in the case of intent, for individuals.
Electric grills as an alternative
DECO PROteste advises those who live in a building to give preference to electric barbecues over traditional charcoal barbecues. Without the use of charcoal, there is less smoke, which significantly reduces the risk of causing discomfort to others.
The same organization suggests that, before organizing a barbecue, consult the condominium regulations and check whether there is a common area in the building designated for this type of activity.
If there is a common space for barbecues, this should be the preferred option, always respecting the rules defined by the condominium.
Condominium authorization may be required
Installing a fixed barbecue requires more care than the occasional use of a portable barbecue.
According to article 1,422 of the Civil Code, condominium owners cannot harm the security, architectural style or aesthetic arrangement of the building. The same article provides that works that modify the architectural line or aesthetic arrangement may only be carried out with prior authorization from the condominium assembly, approved by a majority representing two thirds of the total value of the property.
Therefore, the installation of a fixed barbecue on a balcony, terrace or outdoor area may require authorization if it alters the facade, affects common parts, compromises security, modifies the appearance of the building or violates the constitutive title of the horizontal property.
Furthermore, condominium owners cannot carry out activities that have been prohibited in the constitutive title or by resolution of the condominium assembly approved without opposition.
Can the condominium apply sanctions?
The condominium does not apply “fines” like a public authority. But it may provide for pecuniary penalties for non-compliance with deliberations, administrator decisions or internal rules, in accordance with article 1,434 of the Civil Code.
These sanctions have legal limits and must result from valid deliberation. Therefore, if the condominium regulations prohibit barbecues on balconies or terraces, anyone who disregards this rule may be called to account before the condominium.
Still, each case depends on the regulation, the resolution approved, the damage caused and the way in which the infraction was demonstrated.
When neighbors complain
Many situations start with complaints from neighbors. The smoke that comes in through the windows, the intense smell of food, the soot on hanging clothes, the heat near facades or the noise from a prolonged gathering can lead to complaints.
The first step tends to be communicating with the property manager. If there is a clear rule, the property manager must alert the condominium owner and apply the regulation. If the problem persists, the matter can be taken to the condominium assembly.
In more serious situations, neighbors may resort to legal means to stop the emission of smoke, smells or noise. Depending on the case, there may be participation to the authorities, appeal to the city hall, the Special Court or the Court.
How to avoid problems
The best way to avoid conflicts is simple: first confirm the condominium rules and assess whether the space is suitable.
In buildings, you should avoid using charcoal or wood grills on small balconies, closed marquees or terraces without good ventilation. On days of wind, intense heat or danger of rural fires, the risk increases.
Whenever possible, electrical equipment should be used, smoke production should be reduced, foods that release strong smells should be avoided, and the barbecue should not be prolonged in noise until uncomfortable hours.
It is also prudent to notify neighbors when larger gatherings are planned. It doesn’t solve everything, but it can avoid unnecessary conflicts.
In summary
Cooking outdoors at home is possible, but it requires attention to the law, the condominium and respect for the peace and quiet of others.
What doesn’t exist is a simple rule that says that every barbecue at home results in a fine. There are several possible frameworks: civil liability for smoke and odors, internal condominium sanctions, fines for noise, municipal rules and restrictions on the use of fire on days when there is a danger of rural fires.
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