Legal Limits of the Use of Balcony in the Apartment

Our extended and general guide covering all aspects of balcony use:

Don't Say “My Own Balcony”: Legal Limits of the Use of a Balcony in an Apartment

Here are all the details you need to know when using a balcony:

1. Is There Freedom of Balcony Closure and Glass Balcony?

Bringing your balcony in, covering it with pimapen or having a glass balcony built is one of the most confusing topics.

• Principle of Architectural Integrity: According to Article 19 of the KMK, floor owners must protect the exterior and architectural condition of the building. Since the balcony is included in the exterior of the building, a change that is not included in the architectural project of the main real estate cannot be made according to the head
. Is a Glass Balcony Legal?
• According to the established decisions of the Supreme Court, even transparent folding glass balcony systems can not be made without the written consent of the owners of floors 4/5 (four out of five), since they change the external appearance of the building. If the owner of the apartment builds a glass balcony without permission from anyone, that glass balcony can be dismantled with the case that a single neighbor will open.

2. Barbecue, BBQ and Tobacco Products on the Balcony

Smoky fires burning on the balcony not only cause discomfort, but also carry the risk of fire.

• Smoke and Odor Pollution: In accordance with Article 18 of the KMK, residents must refrain from acts that would disturb each other. Burning a barbecue with charcoal or wood fire on the balcony is a legal violation of the rule of honesty, as the smoke emitted and the smell seeps into the upper floors
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• Management Plan Obstacle: The management plan of most sites includes the clause “It is forbidden to burn a barbecue on the balcony”. A complaint can be made if even electric grills emit odors to the size that would annoy the neighbor.

3. Using the Balcony as an “Ardiye” or Storage

It is a frequent occurrence to pile old things, cabinets, scrap or garbage bags on the balcony.

• Image Pollution and Hygiene: Forms of storage that impair the aesthetics of the building when viewed from the outside, create an unsightly image or risk spreading pests/odors are prohibited. Management can call for the removal of such irregularities, which are clearly visible from the outside
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4. Laundry, Flowerpot and Outside Interference Limit

Any use that overflows beyond the boundaries of the balcony falls directly into the violation of neighborliness.

• Over-the-Boundary Laundry: It is illegal for clothes to be hung outside the balcony railings, to cut off the light of the lower floor, or to pollute the space of the lower neighbor by dripping wet.
• Safety Risk (Flowerpots and Objects): If pots or unfixed objects hung on the outside of the balcony railings fall in the wind and damage the property or person on the lower floor, the direct occupant of the apartment (in accordance with TBK m. 69/70) assumes all material and criminal liability.

What should the manager do in these cases?

1. Verbal Warning and Information: In case of problematic use, calm should be informed first and the management plan rules should be reminded.
2. Official Notice: If the violation continues, the board of directors must give time to correct the situation through the notary channel or by written document, by taking the decision.
3. Intervention of the Judge (KMK m. 33): For a floor owner who insists on not complying with the rules, it is possible to apply to the Magistrate Court to eliminate unlawful use (for example, dismantling of an unauthorized glass balcony, evacuation of the balcony storage).