The lawyer emphasized that the answer is not just about the “hot tub.” Legally, the most important thing is not what the object is called, but what it is heated with and what kind of device it has.
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“If the hot tub is heated with firewood, briquettes, or other solid fuel, its stove cannot be considered just a ‘harmless leisure item.’ It is a device heated with solid fuel, usually with a firebox and a chimney.
The general fire safety rules state: solid fuel grills, barbecues, smokers, household stoves, outdoor fireplaces, and fire pits must be used no closer than 6 meters from buildings,” explained R. Joskaudienė.
Therefore, according to her, the argument: “this is not a barbecue, but a hot tub, and besides, the stove is closed” is not an excuse.
A closed firebox does not mean there is no:
– hot surfaces;
– risk of sparks through the chimney;
– improper fuel use;
– smoke entering the neighbor’s living environment.
An important nuance, according to R. Joskaudienė, is that the 6-meter rule relates to the distance from buildings, not just from the fence.
“So the mere fact that the hot tub stands by the fence does not necessarily mean a possible violation of this specific rule. However, if there are not 6 meters from the hot tub stove to your or the neighbor’s house, utility building, sauna, or other building – there is already a basis to request an assessment of fire safety requirements,” said the lawyer.
And what about the smoke?
Here, according to R. Joskaudienė, it is very important to understand that even if the fire safety distance is formally maintained, it does not mean that a neighbor can constantly “close off” another person’s yard, terrace, or bedroom windows with smoke.
“Property rights are not absolute. A person must use their plot and belongings in a way that does not violate the rights and legitimate interests of others.
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If smoke spreads regularly, intensively, enters the neighbor’s plot, house, forces windows to be closed, limits the ability to use the living environment, it is no longer just a ‘neighborly inconvenience.’ It can become a legally significant interference with property use,” explained R. Joskaudienė.
In such situations, according to her, it is important to collect evidence, not just argue over the fence.
What to document?
1. when it is heated – dates, times, frequency;
2. photos or videos showing the direction of the smoke;
3. distance to buildings;
4. whether smoke enters windows, terrace, yard;
5. whether there is a smell of burning waste, plastic, painted wood;
6. correspondence with the neighbor;
7. if the situation is serious – bailiff’s factual findings.
Where to turn?
First – it is worth writing to the neighbor: asking to move the hot tub/stove, raise or properly install the chimney, not to heat when the wind blows towards your house, use only dry suitable fuel. A written request later becomes evidence that you tried to resolve the issue peacefully.
Second – for the 6-meter distance and fire safety, contact the Fire Protection and Rescue Department / territorial fire rescue board. If heating is happening now and you see a real fire threat – call 112.
Third – if there is suspicion that waste, painted or impregnated wood, plastic, furniture remains, or other unsuitable materials are being burned, you should contact the Environmental Protection Department.
Fourth – if smoke constantly limits the use of the plot and house, and the institutional route does not solve the problem, civil legal protection is possible: a demand to remove the violation, restrict or prohibit the use of the device in a specific way, require it to be moved or used so that smoke does not enter the neighbor’s living environment.
“My practical recommendation: collect facts and evidence. Because in court or institution, it is not important that ‘the neighbor annoys,’ but that it can be proven: the smoke is not occasional but regular; not imagined but real; not only unpleasant but objectively interfering with the use of one’s home and plot,” emphasized R. Joskaudienė.
