How to make barbecues without disturbing neighbours and with less fire danger?

Part 1: The statutes of the Community of owners or the municipal regulations limits for barbecues in Catalonia

Yesterday March 20 at 16:33 the spring started which is the paradise of the activities outside the house as for example: to make excursions to good pace, to walk calmly, to arrange the garden, to go in motorcycle, in kayak, in bicycle, to make barbecues, etc. Today we focus at this last activity.

Eating meat outdoors combines several pleasures: socializing, enjoying an excellent meal and being outdoors. This type of leisure now has the added advantage of being safer than indoor activities (COVID-19 is still here).

Despite their undeniable attractives, barbecues require a fire and generate smoke that causes bad smells. For this reason barbecues are potentially annoying. This text navigates between the two sides of the activity because we are convinced that it pays to protect the rights of each one.

When we have the firm intention of getting together for a barbecue, it must be clear that are the statutes of the community of owners that can limit this practice in principle: they must be thoroughly analyzed. If they do not say anything about it, the other regulatory framework to pay attention to are the townhall regulations. It may be that you live in a villa without a community of owners, if so, the municipal regulation predominates.

As a general overview you can stay with the following notion: the municipalities, do not usually regulate it, for what it does, the Generalitat of Catalonia, nor does it except for periods where firefighters determine that there is a special danger of fire. In any case, there is no specific law banning barbecues.

Part two: tips for minimizing inconvenience to co-owners and avoiding fires

As we said in 2015 "it is very common for barbecues to be restricted to certain parts of the property. In the face of a potential conflict, common sense is the best ally".

Similarly, it never hurts to remember that your freedom ends where other people's freedom begins. In this sense, when the barbecue gathers many people it is justified that the celebration of the same one is object of debate and vote to the owners' meeting. 

Here are some simple tips to have a peaceful party:

1. Attention to the risk of fire: we begin with a little theory. Fire by itself will never cause a fire. To do so, it needs the addition of an oxidizer and a fuel. The comburent is an element that favors the combustion, whereas, the fuel is any substance that when igniting spreads the flames.

In principle, in an outdoor barbecue, there is always an excellent comburent: oxygen. Therefore, we must always avoid placing fuel near the fire. In this sense, as they remind from antifuego-*barez: "to the garden there are leaves, grass or trunks the barbecue has to be as far as possible from these (about 3 meters at least). Remember not to consciously burn these elements. 

1.1 Have enough water or an effective means of extinguishing within reach and check that the fire and embers are completely extinguished before leaving. Also, avoid fueling the fire with additives: you can easily lose control."

1.2 Move and protect children and pets away from the fire.

1.3 If the barbecue is gas as firext.es reminds us:

• "Before using it for the first time every year, we will have to check the ignition of the gas tank. Spread a light solution of water and soap on the sleeve, if there is a gas leak bubbles will appear.
• If there is a gas leak, detectable by bubbles or smell, and there is no flame, the tank and the barbecue will have to be closed. If we stop the leak, it will have to be repaired by a professional.
• If the leak does not stop, we have to call the fire department.
• If you smell gas while cooking, close the tank and the barbecue, do not move it and move away immediately.
• Store the barbecue in locations where there is good ventilation (outdoors). Carbon monoxide can kill and being odorless and colorless neither humans nor animals detect it."

2. Always obey the prohibitions of firefighters: do not barbecue with, for example, 30 degrees celsius, 30% humidity and a wind of 30 km / hour. In short, to barbecue, even in spring, in very dry conditions is not advisable. As a general criteria, at Feliu we recommend that this should be a spring leisure activity, not a summer one. 

3. Use charcoal: you will find it in gas stations, supermarkets, hardware stores or garden centers, this charcoal produces little smoke and few odors.   

4. The outside is the place for barbecues: closed places facilitate the diffusion of the fire and make extinction tuffer. It should be noted that this recommendation extends to garages and, which raises many doubts from customers, on enclosed terraces. As Certicalia reminds: "the consequences that are attributable to a problem, accident or pathology due to a bad use or the inadequate installation of the barbecue will be those that mark the penal responsibilities of the owner of the same one".

5. Stay away from any building: although we are outdoors, it is not the same to be 2 meters away from the facade of the building than 50 meters away: the right thing to do is to be as far away as possible.

6. Clean the grill before cooking: not only for hygiene but also to avoid fires.

7. Observe the direction of the wind: smoke spreads odors, so if you know where the wind goes you know where the annoying odors go.

8. Warn the neighborhood to take down the clothes spread out: the barbecue always creates smoke that will impregnate the clothes spread out no matter how far away you are from the building.

9. Shorten the cooking time: this will also reduce the chances of creating conflicts.

Third part: What if I am the person affected by the unilateral decision and the repeated decision of my neighbors to barbecue. Does the law protect me?

Unlike the rest of the article, here you have changed sides because now you suffer the barbecues. It is always necessary, first of all, to try to talk to the barbecuer to reach an agreement. If you have tried without success, continue reading. 

Before answering precisely, it is worth looking at how we have phrased the question. We have intentionally written "unilateral decision" and "repeated decision". We have doubled the word decision to emphasize that it is deliberate. The fact that it is unilateral implies to ignore the opinion of the other co-owners. The fact that it is repeated implies a certain bad faith because this conduct is reiterated, in spite of the warnings of the neighbors or the property manager.

As well says Fincas Perramón in this link it is the Book V of the Catalan Civil Code the one that protects us before this type of incivism: the barbecues are used to be an activity classified within the concept "annoying, unhealthy or dangerous activity" and its content is collected the Art.553-40 of the Book V of the Civil Code of Catalonia. From this non-compliance it is possible to file a complaint and this can lead to a condemnatory judicial sentence. 

Annex: From March 15 to October 15, 2022 you can not make fire to the forest land without authorization.

Although many readers will not relate a barbecue with making fire in the forest, we inform you that from last Tuesday, March 15, 2022 to October 15, 2022 it is not allowed to make fire in the forest: you can read it here.

Now you can enjoy the barbecue safely.