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Balcony sex in Germany: What is allowed?

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The temperatures are rising, as is your desire: In summer, many want to use the pleasant weather to have fun outdoors with their loved ones. Your own balcony is also a popular place to pounce on each other. Balcony sex is not entirely allowed in Germany, but you don’t have to be caught doing it.

What is forbidden? And where do the lawyers still disagree? There have been apparently countless court judgments on balcony sex and nudism on the balcony in recent years. Each of them relates, as is customary in German case law, to the individual case. So, it is extremely difficult to generalize a single court decision.

Nevertheless, there are a few basic legal requirements that tenants should use as a guide so that they do not get into trouble, i.e. they are warned or even terminated.

Why sex on the balcony is so appealing

balcony sex

Summer nights are long and often pleasantly mild. What could be nicer than sitting on the balcony with your loved one in the evening with a glass of wine and watching the sunset or staring at the stars? It’s way too warm in the apartment anyway. 

The romantic mood is slowly heating up and you suddenly feel like falling over each other. Whether on the floor, on the deck chair or while standing on the railing – the balcony offers many opportunities to get down to business. And the attraction that someone could hear or see you does the rest.

Can you have balcony sex in Germany?

  • In principle, you can do whatever you want on your balcony. The only requirement: nobody is negatively affected by it.
  • Unfortunately, this is almost always the case with sex on the balcony. As soon as you can be sure that someone can see you enjoying yourself, sex on the balcony is forbidden.
  • If, on the other hand, you have sex on your balcony at 3 o’clock at night, things look very different. If you keep quiet, you can be sure that no one will notice you. In this case, the law gives the go-ahead.

Why is balcony sex a grey area in Germany?

Whether and to what extent sex is permitted on the balcony depends largely on the neighbors’ mood. If they feel harassed and therefore complain to the landlord, the result can be a warning. Not to the neighbors’ address, of course, but to those who have sex on the balcony.

Not quite as drastic legal consequences usually have nudism on the balcony, even if the neighbors feel harassed by the bare facts – for whatever reason.

TIP: For the sake of neighborly peace, nudists who also live out their soft spot on the balcony should put up a privacy screen. Unless the neighbor complains about it, because then his view is blocked.

Why is sex on the balcony forbidden in Germany?

While there is no law that prohibits sex on the balcony , there are plenty of court rulings based on Section 183a . This prohibits the arousal of public nuisance and thus also urges sex in public.

Yes, your balcony is a public area. No, you can only be prosecuted if you have been noticed during sex. The pure acoustics are not sufficient for this. A sticking point we’ll come back to later.

Is sex allowed on the balcony?

Do you like the idea of ​​sex on the balcony? A tempting idea in itself, if Paragraph 183a wouldn’t spoil your mood. Anyone who publicly engages in sexual acts can be fined or even given a prison sentence for causing public nuisance. And since the balcony can be seen by neighbors and passers-by, they can also be bothered by it. It also gets tricky when children are nearby , for example because there is a playground right in front of your balcony.

Sex on the balcony can permanently disrupt the peace of the house and result in a warning from the landlord about disrupting the peace of the house – if your neighbors feel harassed and complain. Even if you are the owner of the apartment, there can be consequences. Whether tenant or owner, one way or another it is important to show mutual consideration for one another.

Sex on the balcony: what are the consequences in Germany?

  • If your pleasure is noticed by neighbors or other people, the information ends up in the best case only with your landlord. Then there is a threat of a warning or termination due to disturbance of the domestic peace.
  • According to Section 183a of the Criminal Code, however, you can also be reported for causing public nuisance. Such cases usually end up in court. However, the pure acoustics are not sufficient for this, you also have to make a visual appearance.
  • In most cases you can expect a fine of a few hundred to a thousand euros. If the act was carried out in broad daylight, in a clearly visible position or even in front of the eyes of children, the fine will be higher than low.

4 tips for balcony sex in Germany

Of course you don’t want to disturb anyone with your sex noises. So what can you do? There is only one measure left: not to be caught. 3 tips how it can work :

  1. Waiting for the evening : The forbidden can of course be very attractive, but the probability of getting caught increases if you attack each other on a broad day. In the evening there are not so many people out and about and not all neighbors sit on the balcony all evening.
  2. Pay attention to the volume : You should be quiet, especially if it is very late or even at night. Because when the ambient noise of the day disappears, you can be heard even louder. But who knows, maybe the need to be quiet will heat you up even more ?!
  3. Don’t forget your privacy: Even if you can’t be heard, people can still see you 😉. Design your balcony in such a way that it is not easily visible from the outside. For example, with privacy mats, large shelves, a parasol or partition walls. Ceilings also offer protection from prying eyes.
  4. The right position : Sex, in which you lean forward over the balcony railing and your sweetheart takes you from behind, leaves little private. So make yourself comfortable with a few blankets on the floor.

What must be considered when using a privacy screen on the balcony?

The most important thing in advance: In principle, it is permitted to attach a privacy screen on the balcony. Important: This privacy screen should be so stable that it cannot fly away and endanger people. In addition, certain aesthetic rules should be observed. Bright colors that spoil the house facade are usually not included.

Especially those who only have lattice struts as a limitation should rely on a side screen . But even those who have a balcony that can be seen from above shouldn’t start thoughtlessly. Here a parasol can not only protect you from the sun’s rays, but also from prying eyes . 

You should also always include the angle of your balcony . Don’t start your love adventure as horny as you are, think about beforehand how you can have undiscovered sex on the balcony.

Is balcony sex allowed in Germany?

No, balcony sex is officially not allowed on the balcony – at least if other tenants notice it and feel harassed. It is a disturbance of the domestic peace. Anyone who does not adhere to it threatens a warning from the landlord.
This was decided by the Bonn District Court (AG Bonn, Az. 8 C 209/05). In that case, a couple had completely unabashedly amused themselves on the balcony under the eyes of all their neighbors and within sight of a children’s playground. The judges did not understand this and considered the peace of the house to be permanently disturbed. In this respect, one should rather indulge in the spring feeling unobserved and quietly.


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Michelle Halterman
USA, China, South Africa and now Munich - Michelle has come a long way in the world. She is an outdoor person and loves to be in nature with friends and on her mountain bike. Or she meets up with friends for pasta, vino, cappaccino & Co.
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