With the beautiful days coming, barbecues and planchas are out. If grilling with friends is a real convivial moment, be careful, this little pleasure can be disturbing for the neighborhood. It is therefore advisable to respect a few rules to avoid possible conflicts.
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A barbecue is a cooking appliance combustion fast installed outdoors to cook various foods such as meat, fish or vegetables. It can work atenergy electric, at gas or, more commonly through the combustion of charcoal.
A plancha differs from a barbecue in its cooking, which is faster and more homogeneous due to its heat diffuse, but also in its presentation. It is a device equipped with a plate of metal which allows you to cook a multitude of foods, even delicate ones such as eggs or fruits. Some models of griddle can work at coal.
Pavilion vs condominium: do the rules for outdoor cooking appliances differ?
To date, there is no law regulating the installation ofa barbecue or a plancha at home whether you live in condominium or in an independent pavilion. The Town Planning Code does not include any provision relating to the use of an outdoor cooking appliance. However, it is advisable to limit their use to avoid neighborhood disturbances.
Nevertheless, municipalities, subdivisions or condominium trustees can codify their use via a rule inherent to all the inhabitants. It is therefore appropriate to check the existence of this type of charter before you start organizing a barbecue!
It is also possible that some municipalities or prefectures decide to establish bylaws. Indeed, the summer period is conducive to barbecues but unfortunately also to fire starts due to poorly controlled embers and a climate dry. The start of electric or gas barbecues being, obviously, exempt from this type of clauses.
The rule of use and safety is that there are no obstacles within a perimeter of 1.5 meters around the barbecue or plancha. Finally, it is strongly advised to put out the embers in your barbecue or your charcoal-powered plancha wood with water when the cooking is finished !
How barbecues and planchas can disturb the neighborhood?
Barbecues and planchas powered by coal of wood are the most common and much more often singled out than the models with gas or at theelectricity. The reason is due to the fact that these devices generate nuisance olfactory which can inconvenience the neighborhood, especially if they occur too often. If they are occasional, fumes and odors emanating from barbecues are not considered to be an abnormal neighborhood event.
One of the collateral consequences of using a barbecue remains the noiseassociated with the organization of a barbecue and the conviviality that accompanies it.
What to do in the case of nuisance due to barbecues and planchas?
For nuisances to be considered as such, French justice considers that they must be based on certain criteria. Indeed, to demonstrate them, the official site of the French administration announces that it is necessary to highlight:
- the frequency and the duration trouble;
- its intensity;
- when it happens (day or night);
- the location of the disturbance: urban or rural area, business or residential area;
- respect for the regulations in force.
If these criteria demonstrate that the disorder generated by the use of a barbecue is abnormal, taking certain steps may be considered.
The most accommodating procedure remains an amicable conciliation to estimate which solution is plausible. If no agreement is possible, a registered letter with a formal notice can be sent. Without reaction, the syndic of co-ownership, the town hall or a conciliator of justice can be seized.
The other solution is legal action to claim damages. However, it should be noted that this process is long and costly!
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