Definition and general significance of campfires
A campfire is an open fire lit outdoors, usually for recreational purposes such as warming up, cooking, or enjoying social gatherings. It differs from fireplace, stove, or barbecue fires by being openly placed directly on the ground or within a suitable fire bowl or fire pit. The use of campfires is legally regulated in Germany and is subject to numerous requirements and restrictions to ensure environmental protection, public safety, and fire prevention.
Legal basis of campfires in Germany
Relevant legal sources
The use of campfires is primarily regulated in the Federal Immission Control Act (BImSchG), the respective state forestry acts, state nature conservation laws, municipal statutes, as well as the law on administrative offenses. Provisions can also be found in the German Criminal Code (StGB) and specific municipal regulations.
Federal Immission Control Act (BImSchG) and regulations
The BImSchG forms the legal basis for dealing with air pollution from open fires. Open fire pits, and thus campfires, are considered small combustion plants, provided they are not used for commercial purposes. In principle, the burning of waste, including garden waste, in the open is prohibited nationwide (§ 28 KrWG, § 7 para. 2 BImSchG). Wood may only be burned in its untreated, natural form.
Water, forestry and nature conservation law
Campfires may only be lit in the forest or near forest edges with explicit permission and in accordance with state forestry laws. In protected areas, such as nature reserves, national parks, or landscape protection areas, lighting fires is generally prohibited (§ 23 BNatSchG). Riparian strips are subject to additional protective regulations under § 38 Water Resources Act (WHG), which forbid lighting campfires on river banks or islands.
Building, municipal, and regulatory provisions
Municipal statutes often regulate the extent and conditions under which campfires are allowed in public or private spaces. For example, many communities require advance notification or a permit from the responsible public order authority. Violations can be penalized as administrative offenses under § 383 BGB or corresponding municipal regulations.
Requirements for lighting a campfire
Permit requirements and notification obligation
In many communities, lighting a campfire requires a permit, or at least notification. The permit is usually granted only for special occasions or at designated places. Typically, the following information must be provided:
- Location and time of the fire
- Type and scope of the planned fire
- Involved persons and responsible supervision
Fuel and fire safety requirements
Only natural, dry wood and approved fuels may be used. Burning painted, treated wood, plastics, furniture, or household waste is strictly prohibited and may be prosecuted as an environmental crime. The campfire must be arranged in such a way as to prevent flying sparks and uncontrolled spreading. A minimum distance from buildings, trees, and other combustible materials must be observed (generally at least 50 meters from forests and 100 meters from easily flammable objects).
Supervision and extinguishing agents
The campfire must be supervised continuously while burning. Suitable extinguishing agents (e.g., water, sand, or a fire extinguisher) must be kept available to prevent the spread of flames. After use, the fire must be completely extinguished and the fire site secured.
Campfires in public and private spaces
Public space
In public spaces, such as parks, green areas, or campsites, special regulations generally apply. Lighting campfires is often only permitted at clearly designated fire pits and upon registration. Municipal public order offices or environmental authorities are responsible for supervision.
Private property
On private property, lighting a campfire is permissible, subject to public law regulations and the rights of neighbors. The interests of neighbors (especially regarding smoke, odor, noise, and under immission control law) must be respected. Nighttime quiet hours must be observed.
Relevance under neighbor law
Smoke and soot from campfires can impair neighborly relations. According to § 906 BGB, disturbances from emissions are only to be tolerated to a minor, customary extent. Stronger disturbances may result in claims for injunction and compensation.
Liability and sanction issues regarding campfires
Damages and liability
Anyone who causes a campfire is fundamentally liable for all resulting damages—for example, in the case of fire accidents, forest fires, or property damage to third parties—under the general rules of civil liability (§ 823 et seq. BGB). This also applies in cases of negligence.
Regulatory offenses and criminal acts
Unauthorized, unapproved lighting of campfires and burning of impermissible materials may be penalized as an administrative offense with a fine (§ 62 BImSchG, municipal statutes). Intentional or negligent arson (§§ 306 et seq. StGB), as well as endangering the life and health of others, may result in severe penalties, including imprisonment.
Special regulations and exceptional cases
Official campfires and traditional bonfires
Traditional bonfires such as Easter, solstice, or Martin’s fires are subject to certain special provisions. In such cases, less stringent requirements usually apply, provided the event is properly reported and conducted. Nevertheless, all fire safety and environmental protection regulations must still be observed.
Forest fire risk and fire bans
During periods of increased forest fire risk (e.g., during prolonged dry spells), local authorities may, by means of a general order, impose a general ban on open fires, including campfires. These bans must be strictly observed; violations are rigorously prosecuted.
Summary
As a cultural and traditional element, the campfire is firmly anchored in social life. However, its use is subject to numerous legal requirements aimed at protecting the environment, preventing fires, and safeguarding the community and individuals. Violations can result in civil, regulatory, and criminal consequences. It is recommended to always check and comply with the current legal regulations of the respective federal state and local authorities before lighting a campfire.
Frequently Asked Questions
What permits are required for a campfire on private property?
Whether a permit is necessary for a campfire on private property depends on the respective federal state and often even on the municipality in Germany. Authorities generally distinguish between so-called “small fires”—which include campfires on a manageable scale—and larger open fires. For small fires, no official permit is required in many regions as long as certain distances (for example, to buildings, roads, trees, or neighboring properties) and fire safety regulations are observed. In protected areas, during extended dry periods, or when there is a high forest fire risk, however, a general ban or permit requirement may exist. It is strongly advisable to contact the responsible public order authority in advance to find out about current requirements. In addition, it should be remembered that burning waste, damp wood, or other unsuitable materials is fundamentally prohibited.
What fire safety regulations must be observed at a campfire?
Various fire safety requirements must be observed when lighting a campfire, serving to protect people and the environment and prevent uncontrolled fires. Key regulations include maintaining sufficient minimum distances from combustible materials, buildings, forests, and roads—these distances vary by municipality and can range from 25 to 100 meters. Furthermore, there must always be a means of extinguishing the fire (such as a water container, a fire extinguisher, or sand) on hand. In many municipalities, it is required that a campfire is always supervised by a responsible, legally competent adult and that the fire is carefully extinguished after burning. During periods of heightened forest fire risk (higher forest fire warning levels), open fires are strictly regulated or completely prohibited, and violations may be punished with severe fines.
What legal consequences can result from violations of campfire regulations?
Those who violate applicable regulations for lighting a campfire must expect various legal consequences. These range from warnings and fines—often graded according to the severity of the violation—to criminal investigations in cases of gross negligence or personal injury. Fine amounts vary across the country but can reach several thousand euros, especially if a larger fire is caused or the environment is endangered. Furthermore, in the event of damage, there may be liability for claims for compensation from third parties, such as neighbors or the municipality. In addition, breaches of the Federal Immission Control Act or the Circular Economy Act entail further consequences, especially when impermissible materials are burned.
Which materials may legally be burned in a campfire?
The burning of materials in a campfire is subject to strict legal requirements. In principle, only natural, dry wood is permitted—construction timber, treated, painted or coated wood, plywood, paint residues, wooden furniture, and all types of waste are strictly prohibited and can be penalized as an administrative offense or even as a criminal act. This serves to protect against environmentally and health-damaging emissions. The Circular Economy Act clearly states that burning waste outdoors is prohibited, which also includes green waste, paper, cardboard, or plastic residues. Those who illegally burn materials risk high fines and potential civil liability claims for proven health or environmental damage.
Are campfires allowed in public places or forests?
Lighting campfires on public roads, squares, or in forests is generally only permitted with the express consent of the responsible authority. In particular, strict regulations apply in forests and nature reserves, often including a general ban on fires. In forest areas, the lighting of fires is subject to the state forestry law, which generally prohibits open fires or grilling in and near the forest (usually up to 100 meters) to prevent the risk of forest fires. Even on public barbecue sites, lighting a classic campfire is often prohibited and only allowed on clearly designated areas and with suitable fire pits. Violations are prosecuted as both administrative and criminal offenses and, depending on the risk involved, are strictly punished.
Are there differences in the legal situation between children/youths and adults with regard to campfires?
Yes, the legal assessment of campfires distinguishes between adults and minors. Lighting a campfire is generally only permitted under the supervision of a responsible adult. Children and adolescents are not permitted to light a campfire without appropriate supervision, even on private property. The duty of supervision is regulated in the German Civil Code (BGB) and obliges legal guardians to prevent risks for minors through prior instruction and supervision. Violations of this duty of supervision can lead to civil and criminal consequences in the event of damage, especially if third parties or others’ property are harmed.
When is a campfire particularly problematic from a liability perspective?
The liability risk is particularly high in cases of negligence of the duty of supervision, violation of existing bans (e.g., due to drought or nature conservation provisions), or failure to provide necessary safety measures (such as having extinguishing agents available). If such failures result in personal injury, property damage, or environmental harm, those responsible are fully liable for the damages caused. In extreme cases, this may also result in criminal consequences such as negligent arson. In such cases, private liability insurance may be required to pay but may not cover damages in cases of gross negligence or intent.
