What to do if neighbours complain about cultivation?

When neighbours complain about a club's cultivation, the best start is a calm and documented response. The association notes the complaint, checks what lies behind it and seeks a conversation. How the dispute develops depends on the individual case. Neighbourhood law and tenancy law are separate fields of law, for which legal advice is sensible.

Taking the complaint seriously

A complaint is information. It shows that someone has noticed something that bothers them. Whether the problem lies in cultivation or elsewhere can only be clarified by listening. Anyone who brushes a complaint aside risks the conflict growing.

The association should appoint a fixed contact person for such questions. The board decides who takes this on. What matters is that neighbours know whom they can approach and that they receive a response.

Documenting complaints

A short note protects both sides. Record when the complaint came in, by which channel, and what it was about. Also note what the association did in response. This list helps if the matter later becomes bigger.

1. Record the date, time and channel of the complaint.
2. Summarise the content objectively, without judging it.
3. Check which measures are already provided for in the protection concept.
4. Write a reply with the next step.
5. Add the course of events to the list.

Seeking a conversation

A conversation on site often clarifies more than a letter. Explain which protection measures the association has put in place. Ask for specific information about what bothers them. Say what you will check, and keep to it. Avoid repeating accusations, and stick to the facts.

The application under § 11 para. 4 KCanG requires a description of the security and protection measures under § 22 para. 1 KCanG. This description is a good basis for the conversation. Anyone who knows it can answer questions more precisely.

When legal rights are affected

Whether a neighbour has a claim against the association depends on neighbourhood law and on the individual case. The same applies to the question of whether the association has to meet conditions. Courts decide case by case, and a specialist lawyer can assess the situation.

If the association rents premises, the tenancy agreement may contain rules on use. The obligations that follow are best clarified with the landlord or with a tenancy law advice service. The local tenants' association also offers advice on this.

Prevention in the surroundings

Cultivation associations must contribute to comprehensive youth and health protection (§ 23 para. 4 KCanG). Two binding requirements also affect the neighbourhood. First, the enclosed premises must be secured against unauthorised entry by fencing, burglar-proof doors and windows, or other suitable protective measures (§ 22 para. 1 sentence 2 KCanG). Second, cultivation areas and greenhouses used outside indoor spaces must be protected from view from outside (§ 23 para. 3 KCanG). These are duties of the association. Breaches are administrative offences (§ 36 para. 1 nos. 28 and 33 KCanG).

The prevention officer can answer questions on youth protection and rules on use. For neighbours with children, the following applies: persons under 18 may not enter the enclosed premises (§ 23 para. 1 KCanG), and public consumption of cannabis is prohibited within the enclosed premises and within sight of them (§ 5 para. 2 sentence 1 no. 6 KCanG). The line of sight ends at a distance of more than 100 metres from the entrance area (§ 5 para. 2 sentence 2 KCanG).

Odour and screening in practice

Odours and views into the premises are the points about which neighbours most often complain. An association can prevent problems here with screening, set delivery times and a considered ventilation concept. The KCanG does not set an express odour limit in the provisions for cultivation associations (§§ 11 to 26). Whether other rules on odour apply depends on the individual case and can be clarified with the local council or with specialist advice. Which technical solutions suit the premises is best checked with a specialist company. Outwardly, the premises may not be made recognisable by advertising signs or other conspicuous design elements. A factual name at the entrance is permitted (§ 23 para. 2 KCanG). The protective measures are described in the application and should match the other information in it.

It is also important when work takes place on the premises. A fixed timetable for deliveries and events shows neighbours that the association considers their interests. The article on cultivation areas and screening explains the requirements for views from outside in more detail.

When the complaint persists

Sometimes a complaint remains despite all measures. The association should then document which steps it has taken and offer the conversation again. Written replies create clarity. Mediation by a neutral body can help when both sides are entrenched.

For legal questions about claims or obligations, the same rule applies: courts decide case by case, and a specialist lawyer can assess the situation. Advice should be sought early, before the dispute hardens.

Complaints to the authority

Neighbours can also contact the responsible authority. The authority carries out regular inspections on site and takes into account the complaints and reports it receives when it supervises the association (§ 27 para. 1 and 2 KCanG). The association must tolerate inspections and support the authority, for example by giving access to the enclosed premises and providing information (§ 29 KCanG). A documented approach to complaints helps to answer such follow-up questions objectively.

Precautions for the neighbourhood

1. Tell neighbours whom to contact with complaints.
2. Check the screening of the premises regularly.
3. Publish times for deliveries and events.
4. Invite neighbours to talk once a year.

An association that takes responsibility makes living side by side easier and can clear up misunderstandings early.

Where you can turn

The association first clarifies the complaint itself. For disputes under neighbourhood law, a specialist lawyer for neighbourhood law can help. For questions about tenancy, the local tenants' association can help. An overview of all articles on this topic is offered in the topic area on cultivation associations.

How the protective measures in cultivation look is explained in the article on securing the premises against unauthorised access. For screening and cultivation areas, read the article on cultivation areas and screening. Rules for visitors are explained in the article on access rules for visitors.