What to do if a neighbor misuses a barbecue?

Verified 23 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)

In principle, the occasional use of a barbecue by a neighbor is not prohibited. Such use becomes abusive if it constitutes a abnormal neighbourhood disorder or an abuse of the right of co-ownership. In this case, it can be sanctioned.

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

Detached house

The use of a barbecue by a neighbor is not an abnormal disorder of the neighbor when it remains occasional. This means that the discomfort caused (e.g. smoke, smell of grilled meat or fish) is episodic and involuntary (e.g. weather conditions such as wind).

On the other hand, if the use of the barbecue is done in the goal of harming your neighbor (e.g. by deliberately producing smoke while the neighbor is at the table) or causing damage to the neighboring property (e.g. darkening of the facade caused by smoke or by splashing ash), it can be punished.

In this case, several steps have to be respected.

Step-by-step approach

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

Then, if the dialog has been ineffective, we have to check whether a municipal or prefectural decree is coming to regulate, or restrict, the use of barbecues.

You have to contact the city hall to find out.

Who shall I contact

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

  • The cause of the disorder (barbecue use)
  • Discomfort caused by the use of the barbecue and/or damage to the accommodation
  • 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 a maximum amount of evidence be collected to support this letter.

If the troublemaker does not act, a registered letter with acknowledgement of receipt should be sent on giving notice to stop the embarrassment caused by inappropriate or abusive use of the barbecue.

This letter contains 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 disorder. The mayor is indeed the guarantor of the tranquility of the inhabitants of the commune.

For find an amicable solution with the noise generator if the nuisances persist despite the various letters, it is possible to use:

  • One conciliator of justice (free of charge)
  • Or to a mediator (fee-based approach)
  • Or to a participatory procedure (paid approach with recourse to a lawyer).
Who shall I contact

FYI  

This friendly approach is mandatory in order to be able subsequently to make a appeal to the court.

If all previous steps have not been successful, legal action can be taken to ask:

  • The cessation of nuisances, possibly under penalty payment
  • L'compensation of damage due to abnormal neighborhood disorder.

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

It is recommended that you be accompanied by a lawyer for this procedure.

Condominium building

The co-ownership rules may restrict or prohibit the use of a barbecue.

If a neighbor (tenant or landlord) does not comply with this document, the condominium trustee and the President of the trade union council. Indeed, the trustee is the guarantor of compliance with the rules governing joint ownership.

Apart from restrictions imposed by the co-ownership regulation, the use of a barbecue by a neighbor does not constitute an abnormal disorder of the neighbor when it remains occasional. This means that the discomfort caused (e.g. smoke, smell of grilled meat or fish) is episodic and involuntary (mostly weather dependent).

On the other hand, if the use of the barbecue is done in the goal of harming your neighbor (e.g. by deliberately producing smoke while the neighbor is at the table) or causing damage to nearby dwellings (e.g. darkening of the facade caused by smoke or by splashing ash), it can be punished.

In this case, several steps have to be respected.

Step-by-step approach

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

If he does not act, a simple mail must be sent to the neighbor. The letter states:

  • The cause of the disorder (barbecue use)
  • Discomfort caused by the use of the barbecue and/or damage to the accommodation
  • The need to put an end to the nuisance suffered.

It is recommended that a maximum amount of evidence be collected to support this letter.

If the troublemaker does not act, a registered letter with acknowledgement of receipt should be sent on giving notice to stop the embarrassment caused by inappropriate or abusive use of the barbecue.

This letter contains the information contained in the previous letter.

FYI  

It is recommended that a copy of this registered letter be sent to the trustee to inform him of the situation and ask him to take action to stop the disorder.

For find an amicable solution with the noise generator if the nuisances persist despite the various letters, it is possible to use:

  • One conciliator of justice (free of charge)
  • Or to a mediator (fee-based approach)
  • Or to a participatory procedure (paid approach with recourse to a lawyer).
Who shall I contact

FYI  

This friendly approach is mandatory in order to be able subsequently to make a appeal to the court.

If all previous steps have not been successful, legal action can be taken to ask:

  • The cessation of nuisances, possibly under penalty payment
  • L'compensation of damage due to abnormal neighborhood disorder.

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

It is recommended that you be accompanied by a lawyer for this procedure.

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