Balcony in a rented flat: barbecue, flowers, repairs and rules
The balcony in a rented flat is there for the tenant to use. But the rules for using it are set by the lease, the building’s house rules and the law. On top of that, some parts of the balcony may belong to the common property, so the flat owner does not get to decide everything alone. The May long weekend of 2026 opens the balcony season, and the scenario is a familiar one: the tenant lights a barbecue, the neighbours write to the building manager, and the complaint lands with the landlord. Below you will find who decides what, how to respond to a complaint like that, and the clauses worth adding to your lease.
Who sets the rules for using the balcony in a rented flat?
There are three layers: the lease, the building’s house rules and the law. Under Article 666 § 1 of the consolidated text of the Civil Code, the tenant uses the property in the way set out in the lease, and where the lease is silent - in line with its intended purpose. Then there is Article 683: the tenant of a flat follows the house rules and takes the neighbours’ needs into account.
On the other side stands the owners’ association. Article 3(2) of the Act on Ownership of Premises counts as common property the land and those parts of the building and installations that do not serve the exclusive use of the unit owners. Duties towards the association, including following the house rules, are placed on the flat owner by Article 13(1). That is why the letter from the building manager goes to the landlord, not to the tenant. And are the balcony slab and the balustrade common parts? That depends on the building and on what the association has agreed, so look for the answer in its documents.
Barbecue, flowers, drying laundry, enclosure - who decides in each case?
Everyday use of the balcony is a matter for the lease and the house rules. Permanent changes are a matter for the landlord, and often for the owners’ association too. The table shows where to look for the rule in each typical situation.
| Issue | Who decides | Where to find the rule |
|---|---|---|
| Barbecue | Owners’ association and landlord | House rules, lease |
| Flowers and planter boxes | Tenant, within the house rules | House rules, lease |
| Drying laundry | Tenant, within the house rules | House rules |
| Enclosure and drilling | Landlord, often the owners’ association too | Article 667 § 1 of the Civil Code, association resolutions |
| Repair of the slab and balustrade | Owner or owners’ association | Association documents |
| Leak | Owner or owners’ association | Association documents, Article 664 § 1 of the Civil Code |
A barbecue on the balcony of a rented flat is sometimes banned by the house rules or by the lease itself. Check those two documents first. Flowers and planter boxes? That is ordinary use, as long as the building does not specify how they must be fixed and the water from watering does not drip onto the neighbours. Drying laundry works in much the same way.
A completely different story is a tenant enclosing the balcony, drilling into the facade or installing equipment. Article 667 § 1 of the Civil Code forbids the tenant from making changes that go against the lease or the purpose of the property without the landlord’s consent. The facade may also need the approval of the owners’ association. So the owner’s consent does not always settle the matter.
What to do when neighbours complain about the tenant’s barbecue?
First check what the building’s house rules and the lease actually say. Only then talk to the tenant. Without that, it is easy to accuse them of breaking a ban that nobody ever wrote down.
- Ask the building manager for the text of the complaint and the current house rules.
- Compare both documents with the lease.
- Send the tenant the rules that apply, in writing or by email.
- Reply to the building manager with what you have established and what steps you have taken.
- Keep all the correspondence.
And when the house rules and the lease are silent? What remains is the statutory duty to take the neighbours’ needs into account. On that basis you can ask for a change in behaviour and set the rules in an annex to the lease. Thinking about a financial penalty? Not every clause of that kind will be effective, which we cover in our article on how contractual penalties in a lease work. Repeated breaches and the thought of terminating the lease are a borderline matter. In my view it is better to discuss it with a lawyer before you send any letter.
Who repairs a balcony in a block of flats, and what about a leak?
The tenant reports the defect to the landlord. Whether the repair of the slab and balustrade is handled by the owner or by the owners’ association follows from the association’s documents. The tenant does not repair the structure on their own. Ever. The owner passes the report on to the building manager and makes sure the matter does not get stuck.
A leaking balcony in a rental is also a question of rent. If the defect limits the use of the flat, Article 664 § 1 of the Civil Code lets the tenant demand an appropriate reduction of the rent for as long as the defect lasts, and the rules are described in our guide on when a rent reduction for defects is due. So collect evidence: photos, the date of the report and the correspondence with the building manager. In Tenanto the tenant sends a leak report with a photo through the tenant panel, and the case shows up as an entry on the repairs board.
What to put in the lease about the balcony?
A few short clauses about the balcony close most disputes before they even start. In practice these are enough:
- an undertaking to follow the house rules, with their text attached as an appendix,
- barbecue rules: allowed, restricted or ruled out,
- how planter boxes and pots are to be fixed,
- a ban on enclosing, drilling and installing equipment without written consent,
- the procedure for reporting defects and leaks,
- a description of the balcony’s condition in the handover report, with photos.
Is the lease already running? Bring in the same points with an annex, because verbal arrangements are hard to prove later. The balcony in a rented flat stops being a source of complaints once the rules are written down and known to the tenant from day one.
Frequently asked questions
Yes, a ban like that can be written into the lease. It can also follow from the house rules, which the tenant is obliged to follow. I recommend attaching the house rules to the lease, so that nobody can claim they did not know.
Only with the landlord’s consent, because it is a change that goes beyond ordinary use of the flat. When the work affects the facade, it is a good idea to check the owners’ association’s requirements beforehand. And the consent is best given in writing, with a description of the scope of the work.
Not the tenant, unless they caused the damage themselves. How the costs are split between the flat owner and the owners’ association depends on its documents and on which element the defect concerns. If a dispute breaks out over that split, get help from a lawyer.
