European property law
Squatters' rights in Austria: why a squatter's bad faith matters
Thirty years, or forty against the state, and never for someone shown to have known the property was not theirs. Occupying an empty home without force is not criminal trespass, so removal is a civil matter.
14 days before the first charge · Nothing is switched on until you say so
- Statutory period
- 30 or 40 years
- What's different here
- proven bad faith defeats the claim however long it lasts
- Statute
- ABGB §§ 1468, 1472, 1477
Under the Austrian Civil Code (ABGB), land that is not registered in the possessor's name is acquired by possession (Ersitzung) only after thirty years (§ 1468). Against the state treasury and the property of churches and municipalities the period is forty years (§ 1472). Section 1477 says that whoever relies on thirty or forty years does not have to show a lawful title, but that proven dishonesty of the possession rules out acquisition even over that longer period. A squatter who is shown to have known the property was someone else's does not become owner however long they stay.
Trespass under § 109 of the Criminal Code requires forcing entry into another person's dwelling by violence or the threat of violence, and it is prosecuted only with the authorisation of the person whose rights were infringed. Climbing through an open window or opening a door with a key is not trespass under that section, so a quiet occupation of an empty building is usually a civil wrong, a disturbance of possession, rather than a crime.
The owner's fast remedy is an action for disturbance of possession (Besitzstörungsklage), which must be filed within 30 days of learning of the disturbance and who caused it (§ 454 ZPO); after that, an ordinary action for eviction remains. Self-help is permitted only in narrow cases where official help would come too late, and must be immediate and proportionate. An owner who acts beyond that risks a possession claim and damages themselves.
Where Austria sits against the rest of Europe, in years
Of 31 places in Europe on these pages, 27 have a shorter clock and 1 a longer one or none at all.
How it unfolds
From the day someone moves in to the day a claim is possible
The same three stages in most places. The exact rule, and whether the last stage exists at all, is on each place's own page.
- Day oneMoving inCaught in the act, it is usually a matter for the police: a trespass, not a tenancy.
- Weeks to yearsSettled inOnce someone lives there, removing them usually takes a court order, the same route as for a tenant.
- After 30 or 40 yearsA claim becomes possibleOnly if every test held, without a break, for the whole period. Where the law allows no such claim, this stage never comes.
Not yours to do, once they have moved inChanging the locks, cutting the water or power, or removing belongings yourself. It is illegal in every US state and most places on these pages forbid it too. Each page says how removal works there.
Before it is ever a court case
The record a court asks for, kept as you go
Wherever your property stands, removing an occupant usually comes down to showing who had the right to be there, and since when. Dardaris files every lease, message and document for a building by date, so that record already exists on the day you need it.
- Every lease, with who signed it and when
- Every message with a tenant, on the thread it was sent in
- Every document, filed against the building it concerns
Frequently asked questions
How long is squatters' rights in Austria?
Thirty years of adverse possession (Ersitzung) under ABGB §§ 1468 and 1477, or forty against the state treasury and church or municipal property under § 1472. Proven bad faith rules out acquisition in either case.
Is squatting a crime in Austria?
Not as such. Trespass under StGB § 109 requires forcing entry into a dwelling by violence or the threat of it. Occupying an empty building without force is generally a disturbance of possession, a civil matter, although damage or theft can still be offences.
How can an owner remove squatters under the law in Austria?
Through an action for disturbance of possession, filed within 30 days of learning of the occupation and who is responsible (§ 454 ZPO), or through an ordinary eviction action. Self-help is lawful only in narrow cases where official help would come too late, and must be immediate and proportionate.
Elsewhere in Europe
The same question, on a different clock. Every place sets its own period and its own shortcuts.
This is general information, not legal advice.Laws change, and a county or a city can add its own wrinkle on top of the state rule, the way New York City does. Confirm the current rule for your address before acting on it, and talk to a local attorney before relying on any of it in a real dispute.
Know who is actually in your property, before it becomes a court case.
Hand over one building and see every lease checked against what is actually happening on the ground.
14 days before the first charge · Nothing is switched on until you say so