Smell chaos in Niehl: Neighbors fight against the smell of frying fat!

Smell chaos in Niehl: Neighbors fight against the smell of frying fat!

A couple in the Niehl residential park is currently struggling with an unpleasant problem: the smell of frying oil coming from the exhaust of a nearby restaurant is causing a lot of trouble in the neighborhood. The smell is particularly noticeable on the forecourt and in the courtyards, so that residents often cannot even sit on the balcony. Sitting outside becomes torture, especially in the evenings and on weekends.

Around 30 to 40 households have now come together in an initiative to ask the city for support. Their requirement: a suitable structural exhaust ventilation system for the restaurant. The grievances are not new; The previous pizzeria at this location had to struggle with similar problems, but not to such an extent. A chimney shaft for an exhaust air solution was installed on Niehler Strasse, and the neighbors would like a similar solution for the current restaurant, which opened in February 2024.

The city and the responsibility of the operators

The city spokeswoman confirmed that the Environmental and Consumer Protection Office is aware of the complaints. The operator of the restaurant has presented a concept for exhaust air extraction that meets the requirements of TA Luft. However, in order to implement the plan, a resolution from the homeowners' association (WEG) is necessary. This presents a dilemma: the city is unable to intervene by the authorities, which is why the initiative of residents is so important. The restaurant operator himself seems interested in a solution, but is waiting for a signal from the owners' association.

For many residents, the issue is more than just a personal inconvenience. Odor nuisances are not permitted under German law if they exceed local values. This is also proven by court rulings, such as a partial default judgment from the Brandenburg district court, in which a restaurant operator was sentenced to take measures to contain kitchen odors because they were perceived as disturbing. Here too, the verdict was clear: The plaintiffs do not have to tolerate such odor nuisances because they are not part of their usual environment, as the legal situation in Section 906 of the German Civil Code (BGB) stipulates.

The role of the neighborhood

Everyday problems with noise and odor nuisances are common in neighborhoods adjacent to restaurants or other catering establishments. The main cause of such conflicts is actually noise disturbances, but odor nuisances also play a role. These are particularly problematic if they are noticeable over a longer period of time. Courts find that innkeepers are responsible for the smell and noise produced by their establishments, even if they cannot be held liable for the behavior of their guests.

However, the courts emphasize that kitchen smells such as grilling smells or frying fumes are generally not classified as disgusting or nauseating. However, there are special exceptional cases in which the smell is considered so disturbing that it must be suppressed.

The residents of the Niehl residential park can only hope that those responsible will find an amicable solution. The property management is already making efforts to implement a technical and practical construction solution aimed at minimizing the neighbors' odor ratings. If this challenge can be overcome, residents will soon be able to enjoy sitting on their balconies again.

The situation makes it clear: Neighborhoods are often exposed to a variety of influences that can put a strain on coexistence. In Niehl, the well-being of the residents is at stake, and it remains to be seen how the situation will develop.