Am I allowed to smoke on my balcony?
Generally yes. Smoking on your own balcony is part of the contractual use of the rented flat and of personal freedom. But the Federal Court of Justice (V ZR 110/14, 2015) ruled that smokers must show consideration — if a neighbour is substantially affected, a court can set fixed smoking times (periods when smoking is allowed and periods when the balcony stays smoke-free). At night, quiet hours and the house rules apply too.
📋 The rules
- Smoking on the balcony is generally allowed (contractual use)
- With substantial impairment of neighbours, the duty of consideration applies
- Courts can then set smoking times (alternating smoke-free phases)
- The house rules and statutory quiet hours/night quiet must be observed
- A full balcony smoking ban needs a valid clause in the lease
- Courts usually decide case by case on reasonableness
🔓 Exceptions
- A smoking ban on balcony/terrace validly agreed in the lease
- Owners' associations can set rules by resolution/house rules
- Inside your own flat smoking is practically impossible to ban — as long as no damage results
⚠️ Penalties & fines
Unlike traffic offences, balcony smoking is not a fine matter but a civil-law one. If a smoker ignores court-set smoking times, an injunction and, on repetition, a court penalty can follow. Persistent serious nuisance from smoke can, in extreme cases, be grounds for tenancy steps (a warning).
📎 Official sources
- Allianz · smoking on the balcony: the law →
- Federal Court V ZR 110/14 · balcony smoking (summary) →
- Mietrecht.com · smoking on the balcony →
❓ Frequently asked
Can my neighbour ban me from smoking on the balcony?
Not just like that. Smoking is generally allowed. But if the neighbour is substantially affected, they can sue for consideration — a court can then set fixed smoking times rather than ban smoking entirely.
What did the Federal Court rule on balcony smoking?
In 2015 (V ZR 110/14) it ruled that smokers and affected neighbours must share time slots: phases when smoking is allowed and phases when the balcony stays smoke-free. Reasonableness in the individual case is decisive.
Can the landlord ban balcony smoking?
Only via a valid clause in the lease. Without such an agreement, smoking is part of contractual use and may not be banned across the board.
Can I smoke on the balcony at night?
Smoking itself is not banned at night, but quiet hours and the house rules apply. Noise and constant door-slamming can be a disturbance — the smoking itself usually is not.
What if I ignore the smoking times?
If a court has set smoking times and you ignore them, the neighbour can enforce an injunction. Breaches risk a court penalty.
🔎 Common searches
What people search to land here:
- “can i smoke on the balcony germany”
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