Whether you are allowed to be naked on your balcony or in your garden depends on various conditions.
You can decide for yourself how you walk around in the house or apartment. It is therefore permitted not to wear any clothing within your own four walls. But what does it look like on your own balcony or in your own garden?
According to various court rulings, the garden and the balcony are also private areas, as media lawyer Christian Solmecke reports. It is therefore often tolerated if you are naked on the balcony.
However, this only applies to nudity in private areas and in individual cases. Anyone who constantly walks around naked on the balcony and is clearly visible – especially to children – can be guilty of a misdemeanor.
It is perfectly permissible to stay naked on your own balcony, as long as appropriate consideration is given to the privacy of your neighbors and in sensitive public places such as schools, kindergartens or religious institutions.
However, according to the applicable laws (Section 183a of the Criminal Code), intentionally provocative or exhibitionistic acts are prohibited. It is therefore important to remain discreet and ensure sufficient privacy to avoid conflicts and maintain the peace of the neighborhood. The visibility of the garden or balcony is particularly crucial when deciding whether or not to sunbathe naked in your own area.
So if you feel harassed by your neighbors because they openly practice nudity, you could theoretically contact the public order office and get a ban or speak to the police if, for example, your privacy is not respected.
However, you should first talk to those affected. An open discussion, a higher hedge or a privacy screen get the unpleasant situations out of the way and maintain peace in the house.
If the public order office determines an administrative offense, fines of between 5 and 1000 euros may be due according to Section 118 of the Administrative Offenses Act. How high the penalty is will be decided on a case-by-case basis.
In some cases, the issue of nudity on one’s own balcony is also included in the house rules. If this is ignored and reported to the property management by other tenants and neighbors, this can lead to a warning. In the event of repeated violations, the rental agreement can be terminated by the landlord.