Quebec Condo BBQ Rules: Balcony Safety and Insurance

Summer is short in Quebec, and many co-owners want to enjoy a BBQ on their balcony. In a divided co-ownership, however, this raises legal, safety and insurance issues. The board of directors must balance enjoyment, peace and quiet, and the protection of the building.

This article explains what the law and the declaration of co-ownership (DCC) provide, the usual rules in the by-laws of the immovable, and good practices for preventing a loss. It also includes advice for the board of directors and a frequently asked questions section.

Key takeaway: in a condo, it is not a case of “everyone does as they please.” Balcony BBQs are governed by the DCC, the by-laws of the immovable, municipal by-laws and insurers’ requirements.

What do the law and the DCC say about BBQs in a divided co-ownership?

• Civil Code of Quebec and by-laws of the immovable: The Civil Code authorizes the syndicate to adopt by-laws of the immovable governing the use of private portions and common portions. Everyone occupying the building must comply with these by-laws (see sections 1053 and 1063 C.C.Q.). Consult the text of the Civil Code on LégisQuébec: Civil Code of Quebec (C.C.Q.) (see, in particular, sections 1053 and 1063).
• Declaration of co-ownership (DCC): The DCC specifies whether balconies are common portions for restricted use or private portions. This distinction affects the board of directors’ latitude to prohibit, restrict or authorize BBQs. Even on a private portion, use remains subject to rules when the safety or destination of the building is at issue.
• Municipal by-laws and fire prevention: Many municipalities impose additional restrictions (e.g., distance from façades, clearances and permitted fuel). These rules apply in addition to the by-laws of the immovable.
• Insurers’ requirements: The syndicate’s insurer and co-owners’ insurers may require prohibitions or specific measures. A loss caused by a non-compliant BBQ may result in a higher deductible or even a denial of coverage.

To align management, prevention and communication, see our administrative management and operations management services.

Useful sources:

• Civil Code of Quebec – LégisQuébec
• RBQ – Propane and safety
• RGCQ – Resources for syndicates and co-owners

By-laws of the immovable: how to regulate balcony BBQs

Most syndicates expressly regulate BBQs in the by-laws of the immovable. Here are clauses and guidelines that are commonly adopted, to be adapted to your DCC and building.

• Appliances most often prohibited:
  • Charcoal BBQs: high levels of smoke, embers and fire risk.
  • Homemade or modified appliances: no manufacturer certification.
• Appliances sometimes permitted subject to conditions:
  • Electric BBQs: often accepted if they comply with clearance requirements and the circuit’s electrical capacity.
  • Small propane BBQs: sometimes tolerated with strict restrictions (cylinder kept outdoors and upright, valve closed, no indoor storage, and compliance with the manufacturer’s clearance requirements and municipal by-laws).
  • Natural gas appliances: generally discouraged on balconies; if considered, installation and connection must be carried out solely by a qualified contractor, with supporting certifications.
• Places and conditions of use:
  • No obstructing exits, stairs or evacuation routes.
  • No use during high winds or beneath a combustible awning.
  • No storing propane cylinders inside the dwelling, as indoor storage is dangerous and prohibited by safety rules.
  • A functioning portable fire extinguisher must be kept nearby during use.
  • Respect for neighbours: limit smoke and odours; close the lid; use drip trays.
• Managing nuisances and damage:
  • The board of directors may order the immediate cessation of use where there is a risk.
  • Co-owners are responsible for damage caused to common portions and neighbouring private portions.

Tip: set out these rules clearly in your by-laws of the immovable, with an annual reminder before summer. Post them on the intranet or send them by email, and remind co-owners of them at the annual general meeting by recording them in the minutes.

For an example of seasonal implementation and communication, browse the multiRent blog.

Safety and compliance: propane, electricity and natural gas

Safety comes first. Here are some recognized prevention and compliance guidelines in Quebec.

• Propane (cylinders and appliances):
  • Never store a cylinder indoors (in a dwelling, locker or closed garage). It must remain outdoors, upright, with the valve closed and away from heat sources. Refer to the recommendations of the Regie du batiment du Quebec (RBQ).
  • Check the condition of the hose, connections and regulator; check for leaks with soapy water, never with a flame.
  • Comply with the manufacturer’s clearance requirements from walls, guardrails and combustible finishes.
• Electric BBQs:
  • Use a dedicated grounded outlet. Avoid uncertified extension cords outdoors.
  • Monitor circuit loads to prevent overheating. No cord may obstruct evacuation.
• Natural gas:
  • Connection and maintenance must be performed by a contractor holding the appropriate licence. Check the licence in the RBQ registry.
  • No modifying the structure (drilling through a slab or guardrail) without the syndicate’s authorization and engineering approval.
• Universal good practices:
  • Keep a bucket of water or a Class ABC fire extinguisher within reach.
  • Never leave a BBQ unattended; wait until it is completely extinguished before leaving.
  • Clean grease and collection trays to prevent flare-ups.
  • Keep the BBQ away from curtains, furniture, floor coverings and combustible vapour barriers.

The RBQ provides prevention advice and reminds people of the installation obligations that apply to qualified professionals. Consult it before authorizing any type of appliance on balconies: RBQ – Safety and prevention.

The board of directors’ role: adoption, communication and enforcement

• Adopting or updating the rules: The board of directors prepares a draft BBQ clause or policy and, where necessary, submits it to the assembly for a vote according to the majority required by the DCC and the Civil Code. Clearly identify the permitted appliances, conditions of use, storage requirements and sanctions.
• Communication: Distribute the rules at the beginning of the season, with notices posted in the common portions and an email sent to co-owners. Remind co-owners of them at the annual general meeting; record the discussions and decisions in the minutes.
• Enforcement and documentation: Plan a graduated approach to interventions (notice, demand letter and penalties, if provided for in the by-laws). Document matters with photographs and witness statements where necessary.
• Insurance and losses: A fire connected to a BBQ may engage the liability of the at-fault co-owner. Costs may be charged through special assessments if common portions need to be repaired, depending on the DCC and the syndicate’s insurance. Clearly inform occupants of these consequences.

To structure your policies, notices and follow-ups, see our administrative management and operations management services. If you are considering outsourcing, take a look at our packages.

Practical references:

• Civil Code of Quebec – By-laws of the immovable and occupants’ obligations
• RBQ – Licence holder registry
• RGCQ – Co-ownership advice

FAQ – BBQs and balconies in a divided co-ownership

Q. Are charcoal BBQs permitted on my balcony?

A. Charcoal BBQs are generally prohibited in a divided co-ownership because of embers and smoke. Even if your municipality does not prohibit them, the by-laws of the immovable may prohibit this use to protect the common portions and reduce risks.

Q. May I store a propane cylinder in my indoor locker?

A. No. Indoor propane storage is dangerous and contrary to safety rules. The cylinder must remain outdoors, upright and away from heat sources. Consult the RBQ guidelines.

Q. What are the consequences if I do not comply with the by-laws?

A. The board of directors may intervene according to the applicable scale: notice, penalties if authorized, or even an immediate prohibition on use in the event of a risk. In the event of a loss, the insurer could limit the indemnity, and the syndicate could claim damages from those responsible. The RGCQ emphasizes the importance of prevention to limit insurance costs.

Q. Is an electric BBQ always accepted?

A. Often, but not automatically. The by-laws of the immovable may prohibit it; the balcony’s configuration, electrical capacity and the clearances required by the manufacturer must be respected. Check the DCC and the by-laws, and request the board of directors’ authorization if necessary.

Q. My balcony is a private portion: may I decide on my own?

A. No. Even on a private portion, use is regulated when it affects safety, the destination of the building or the rights of others. The Civil Code requires compliance with the by-laws of the immovable and good practices.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

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