My neighbor is complaining about the smoke from my chimney, what are my rights?
October 24, 2023 | 50,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you as I am currently in a dispute with my neighbor and unsure of the best course of action to take. My neighbor has complained to me that the smoke from my chimney is bothering him and making him feel disturbed. I understand his concerns, however, I am unsure of my rights in this situation and how to proceed.
Some background information: We live in a residential area where many houses have chimneys that are regularly used. I too use my chimney during the cold months and enjoy the cozy atmosphere it creates. So far, no one has ever complained about the smoke, which is why I was surprised by my neighbor's complaint.
Currently, there is tension between us as I cannot simply stop using my chimney for heating and my neighbor is bothered by the smoke. I would like to find a solution that is fair to both parties and de-escalate the situation.
My specific question to you is: What rights do I have as a chimney owner if my neighbor complains about the smoke? Are there any legal regulations or agreements that could apply in such cases? How can I best communicate with my neighbor to find a solution and restore peace in our neighborhood?
I appreciate your support and thank you in advance for your help.
Sincerely,
Andreas König
Dear Mr. King,
Thank you for your inquiry regarding the dispute with your neighbor about the smoke from your chimney. It is understandable that you feel unsure and want to find a solution that is fair for both sides. In such a situation, it is important to know the legal framework and communicate appropriately with your neighbor to find a solution.
First and foremost, it is important to know that property law in Germany is very complex and there is no one-size-fits-all answer to your question. However, in general, every owner has the right to use their property as they see fit, as long as they do not violate the rights of others. This means that you generally have the right to operate and heat your chimney. However, you must also consider the interests and rights of your neighbors.
Regarding the smoke from your chimney, there are legal regulations that could apply. For example, the Federal Immission Control Act (BImSchG) regulates that no one may be unreasonably disturbed by emissions such as smoke, soot, or odor. This means that your neighbor has the right not to be unreasonably disturbed by the smoke from your chimney.
To find a solution that is fair for both sides, it is advisable to have a conversation with your neighbor. Try to understand their perspective and show understanding for their concerns. Perhaps you can find a solution together, for example by adjusting the heating times of your chimney or taking technical measures to reduce smoke emissions.
If it is not possible to reach an agreement through discussions, you could also seek professional help, such as through mediation or by involving a lawyer. A lawyer specializing in property law can help you assess your legal options and, if necessary, take legal action.
In any case, it is important to maintain communication with your neighbor and try to find a constructive solution. Good neighborly relations are important, and it is worth working together to find a solution that is acceptable to both sides.
I hope that this information is helpful to you and wish you success in resolving the conflict with your neighbor.
Sincerely,
Oliver Ratzberg
Property Lawyer
