What to do if a neighbor misuses a barbecue?

Verified 06 October 2026 - Public Service / (Prime Minister)

In principle, the occasional use of a barbecue by a neighbor is not prohibited. This use becomes abusive if it constitutes a abnormal neighborhood disorder or abuse of property rights (intent to harm). In this case, it can be sanctioned.

However, it is necessary to differentiate the use of a barbecue in a detached house and in a condominium building.

Detached house

The use of a barbecue by a neighbor does not constitute an abnormal disturbance of the neighborhood when it remains occasional. This means that the inconvenience caused (e.g. smoke, smell of grilled meat or fish) must be episodic and involuntary (e.g. weather conditions such as wind).

On the other hand, if the use becomes excessive by its frequency (for example several times a week or almost every day in season), over long periods and making the enjoyment of the terrace or garden or the ventilation of the housing difficult, it can be sanctioned.

It is the same if the use of the barbecue is made in the purpose of harming his neighbor (e.g. by deliberately producing smoke while the neighbor is at the table) or causing damage to the neighboring property (e.g. blackening of the facade caused by smoke or by ash projection).

In these cases, several steps must be followed.

Step-by-step approach

First of all, it is important to point out the inconvenience to the neighbor and try to find a solution to stop the problem.

It is thus possible to propose reasonable arrangements such as moving the barbecue, limiting its use to certain days/hours or installing a device limiting the fumes.

Then, if the dialog has been ineffective, it is necessary to check whether a municipal or prefectural decree frames or restricts the use of barbecues.

You have to contact the town hall to find out.

Who shall I contact

If the neighbor does not act, a simple letter must be sent to him. This letter must mention:

  • The origin of the disorder (use of the barbecue)
  • The discomfort caused by the use of the barbecue (hours, frequency, penetration of fumes, odors, etc.) and/or the damage caused to the housing
  • If they exist, a reminder of the applicable rules (municipal or prefectural decree)
  • The need to put an end to the nuisance suffered.

It is recommended that as much evidence as possible be gathered in support of this letter.

In case of inaction of the author of the disorder, it is necessary to send a registered letter with acknowledgement of receipt on giving notice to cease the discomfort caused by inappropriate or abusive use of the barbecue.

This letter repeats the information contained in the previous letter.

FYI  

It is recommended that a copy of this registered letter be sent to the Mayor to inform him of the situation and ask him to take action to stop the disturbance. The mayor is indeed the guarantor of the tranquility of the inhabitants of the commune.

Who shall I contact

For find an amicable solution if the nuisance persists despite the various letters, it is possible to use:

  • One conciliator of justice (free approach)
  • Or to one mediator (paid approach)
  • Or to a participatory procedure (paid procedure with the use of a lawyer).
Who shall I contact

FYI  

This amicable approach is mandatory to be able to make, subsequently, a appeal to the court.

If all the previous steps have not been successful, it is possible to take legal action to request:

  • The cessation of nuisances, possibly under on-call duty
  • THEcompensation of injury suffered as a result of the abnormal neighborhood disorder.

The judge may order the perpetrator of the disorder to pay you damages to repair or compensate the damage suffered. This repair concerns the material damage (for example, the depreciation of real estate) and the non-material damage (e.g., impairment of tranquility).

It is recommended to be accompanied by a lawyer for this process.

Condominium building

The condominium rules may restrict or prohibit the use of a barbecue.

If a neighbor (tenant or owner) does not respect what is provided for in this document, you must notify the syndic of co-ownership and the President of the union council. Indeed, the trustee is the guarantor of the respect of the regulation of co-ownership.

Apart from the restrictions imposed by the condominium by-law, the use of a barbecue by a neighbor does not constitute an abnormal disturbance of the neighborhood when it remains occasional. This means that the inconvenience caused (e.g. smoke, smell of grilled meat or fish) must be episodic and involuntary (i.e. mostly depend on weather conditions).

On the other hand, if the use becomes excessive by its frequency (for example several times a week or almost every day in season), over long periods and making the enjoyment of the terrace or garden or the ventilation of the housing difficult, it can be sanctioned.

It is the same if the use of the barbecue is made in the purpose of harming his neighbor (e.g. by intentionally producing smoke while the neighbor is at the table) or causing damage to the neighboring apartment (e.g. thick fumes that regularly enter the neighboring dwelling via windows or VMC, permanently soak the fabrics, dirty the facades (blackening, soot deposits) or cause coughs, headaches, etc.).

In these cases, several steps must be followed.

Step-by-step approach

First of all, it is important to point out the inconvenience to the neighbor and try to find a solution to stop the problem.

It is thus possible to propose reasonable arrangements such as moving the barbecue, limiting its use to certain days/hours or installing a device limiting the fumes.

If he does not act, a simple letter must be sent to the neighbor. That letter mentions:

  • The origin of the disorder (use of the barbecue)
  • Discomfort caused by the use of the barbecue and/or damage to the home
  • If it exists, the possible clause of the condominium by-law that prohibits or limits the use of barbecue in the residence
  • The need to put an end to the nuisance suffered.

It is recommended that as much evidence as possible be gathered in support of this letter.

In case of inaction of the author of the disorder, it is necessary to send a registered letter with acknowledgement of receipt on giving notice to cease the discomfort caused by inappropriate or abusive use of the barbecue.

This letter repeats the information contained in the previous letter.

FYI  

It is recommended that a copy of this registered letter be sent to the trustee informing him of the situation and asking him to take action to stop the disturbance.

For find an amicable solution if the nuisance persists despite the various letters, it is possible to use:

  • One conciliator of justice (free approach)
  • Or to one mediator (paid approach)
  • Or to a participatory procedure (paid procedure with the use of a lawyer).
Who shall I contact

FYI  

This amicable approach is mandatory to be able to make, subsequently, a appeal to the court.

If all the previous steps have not been successful, it is possible to take legal action to request:

  • The cessation of nuisances, possibly under on-call duty
  • THEcompensation of injury suffered as a result of the abnormal neighborhood disorder.

The judge may order the perpetrator of the disorder to pay you damages to repair or compensate the damage suffered. This repair concerns the material damage (for example, the depreciation of real estate) and the non-material damage (e.g., impairment of tranquility).

It is recommended to be accompanied by a lawyer for this process.

Who can help me?

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