Smell chaos in Niehl: Neighbors are fighting frying fat fragrance!

Smell chaos in Niehl: Neighbors are fighting frying fat fragrance!

A couple in the Niehl residential park is currently struggling with an unpleasant problem: the smell of frying fat, which flows out of the exhaust air of a nearby restaurant, causes great trouble in the neighborhood. The smell on the forecourt and in the courtyards is particularly noticeable, so that the residents often cannot even sit on the balcony. Especially in the evening and at the weekend, the sitting outside becomes agony.

About 30 to 40 households have now come together in an initiative to ask the city for support. Your demand: a suitable structural exhaust system for the restaurant. The grievances are not new; The previous pizzeria already had to struggle with similar problems, but not to such a size. A fireplace shaft for the exhaust air solution has been set up on Niehler Straße, and the neighbors want a similar solution for the current restaurant, which opened in February 2024.

the city and the responsibility of the operators

The city spokeswoman has confirmed that the complaints are known to the environmental and consumer protection office. The operator of the restaurant has presented a concept for the exhaust air conditioning, which meets the requirements of the TA air. However, a decision by the apartment owner community (WEG) is necessary for the implementation of the plan. This shows a dilemma: official interventions are not possible for the city, which is why the initiative of the residents is so important. The restaurant operator himself seems to be interested in a solution, but is waiting for a signal from the community of owners.

For many residents, the topic is more than just a personal inconvenience. According to German law, odor nuisances are not permitted if they exceed the local values. This is also evidenced by court rulings, such as a partial failure judgment by the Brandenburg District Court, in which a restaurant operator was condemned to take measures to contain kitchen smells, as these were perceived as annoying. Here, too, the judgment was clear: the plaintiffs do not have to tolerate such odors, since they do not belong to the familiar environment, as the legal situation in §906 BGB provides.

The role of the neighborhood

The everyday problems with noise and odor nuisances are common in neighborhoods that adjoin restaurants or other gastronomic companies. The main cause of such conflicts is actually noise disorders, but ornaments also play a role. These are particularly problematic if they are perceptible over a longer period of time. Courts find that innkeepers are responsible for the odor and noise development of their companies, even if they cannot be held liable for the behavior of their guests.

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

For the residents in the Niehl residential park, it is to be hoped that those responsible will find a mutual solution. The object management is already trying to implement a technical and building practical solution that aims to minimize the odor reviews of the neighbors. If this challenge is mastered, the residents could soon be happy again on their balcony.

The situation illustrates: Neighborhoods are often exposed to a variety of influences that can burden the cooperation. In Niehl, the well -being of the residents is at stake, and it remains to be seen how the situation will develop.