#29266
Lady Penelope
Strataguru

    In general, if the neighbour’s balcony forms part of their Lot, or part of their Exclusive Use area, then the ‘box’ of air space within the boundary of the balcony (including the vertical space from the floor of the balcony up to the base of  the floor above) also forms part of the Lot.

    As such, the owner and/or occupant of the Lot with the balcony can pretty much fill that ‘box’ of air space with whatever they wish to fill it with.

    The only caveat is that the objects placed within the ‘box’ of air space must not offend any existing by-laws such as ‘BBQs’ (as JT has mentioned) and/or ‘Appearance of a Lot’. 

    If BBQs are permitted then your best bet would be to ask that the neighbour move the BBQ to another part of their balcony. Maybe offer them an inducement, such as a bottle of wine! I don’t believe that you would achieve much by taking this matter to OFT.