Fire Pits & the Law: What’s Allowed and What’s Prohibited?

Are fire pits allowed in the garden?

As a rule, fire pits are allowed if local regulations are followed. 

• Only use approved fuel such as dry, untreated wood.
• Make sure the fire stays controlled and supervised.
• Make sure there is no significant smoke development.
• Fire pits, as well as fire baskets, fireplaces, or grills, are considered (in your own garden!) enclosed fire sites, since they enclose the fire with a protective container.
• Enclosed fire sites with a diameter of less than one meter can usually be used in your own garden without a special permit from the local authorities.

You can use fire pits in the garden, on patios, or in other outdoor areas as long as the surface is fireproof and there is enough distance from flammable materials. Make sure not to operate a fire pit indoors – even smokeless models require adequate ventilation.

Can your neighbor forbid you from having a fire pit?

No, in principle, a neighbor cannot forbid you from setting up a fire pit. However, if there is excessive smoke or unpleasant odors, the neighbor could file a complaint. Therefore, it is recommended to use a smokeless fire pit to maintain good neighborly relations.

Make sure there is enough distance to the neighbor's property to avoid conflicts and ensure safety. You should also make sure that no smoke drifts directly into your neighbor's windows or doors to prevent complaints.

Neighborhood law is based on civil law, following the principle "Where there is no plaintiff, there is no judge." If your neighbor has no complaints, the fire pit can be used regularly.

How often can you use a fire pit?

How often a fire pit can be used depends on several factors, including local regulations and consideration for neighbors.

• Local regulations: There are generally no fixed rules prescribing a specific frequency of use, as long as the fire pit is operated safely and in an environmentally responsible way.
• Consideration for neighbors: Pay attention to smoke and odors, as excessive nuisance can lead to complaints. In many cases, if you use your fire pit regularly, it’s wise to make sure smoke doesn’t drift into neighbors’ windows or doors.
• Fuel: Only use approved fuels such as untreated wood.
• Minimum distances: Keep the required distance from neighboring properties, buildings, and flammable materials.
• Weather conditions: Use may be restricted or prohibited for safety reasons during strong winds or dry conditions.

If all these rules are followed, there’s nothing standing in the way of regular use of your fire pit.

Important information

During high winds or dry conditions, lighting a fire is prohibited because flying sparks can cause uncontrollable fires. Even in your own yard, the minimum distance to the fire pit must be observed. In many cases, a minimum distance of 10 meters from neighboring property, 50 meters from the nearest buildings, and 100 meters from forests or shrubs applies.

By following these rules, using a fire pit in your backyard can be safe and enjoyable—for your family as well as your neighbors.