The one thing I can count on when showing units, is being asked if the building allows owners/renters to operate a barbecue on the balcony. Usually here in Ottawa, the answer is no. With about 90% of the high rise buildings across the city having a rule, bylaw, or ban, on non electric BBQ's.
Most clients, owners in the building, and believe it or not, even other professionals, believe that it is the city or the builder that has created a by-law against it. People have suggested to me that it is because of the smoke from the barbecue, and how it would draft into another unit, or that the architect didn't follow local building code. I have heard many different "ideas" as to why, but the true reason is actually quite simple. And no, there is not a municipal bylaw that restricts the use of barbeques on balconies here in the city of Ottawa.
Here is an example from 200 Besserer Rules and Regulations (note this would only permit electric barbecues on PH unit terraces and balconies):
5. (d) No barbecues may be operated on any part of the common elements, including any part designated to be for exclusive use of a unit owner, including balconies, terraces and patios except for electric barbecues on the balconies attached to each dwelling unit on the upper penthouse floor in the building.
Here is an example from the 234 Rideau "Welcome Book":
- Barbecues on balconies must be electric.
- Charcoal and Propane BBQ's are prohibited.
Typically they are not allowed, because the TSSA or Technical Standards and Safety Authority has set rules in place that the condo corporation cant properly enforce. This means that for the condo board, its easier to lay a blanket rule than risk having the rule broken and being fined.
Which rule?
- propane cylinders are to be transported in a service elevator or, when there are no service elevators, the person must use the passenger elevator alone to transport the cylinder
How to get around it?
A few builders have listened, and have made BBQ's available on the balconies. To get around the by-laws, they install natural gas lines to the stoves and to the balconies. Some charge a few thousand extra for the upgrade, but something I would gladly pay. Other options are having an electric BBQ or by having a shared natural BBQ in a common area.
At the end of the day, if having a barbecue on your balcony is important to you, tell your lawyer to look into the status certificate and find out if they are allowed. Looking for a condo and want to make sure it has a BBQ? Lets chat, I would love to help out.
