European property law
Squatters' rights in Switzerland: adverse possession, trespass and the 2026 reform
Ten years for someone wrongly entered in the land register in good faith, thirty only where the register cannot name a living owner. Since 1 July 2026 an owner may also retake an occupied building within a reasonable time of learning of it.
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- Statutory period
- 10 or 30 years
- What's different here
- owners may retake a squat themselves, within limits, since 2026
- Statute
- ZGB Art. 661 and 662
The Swiss Civil Code ties adverse possession to the land register. Under Article 661, someone wrongly registered as owner can no longer be challenged after ten years of possession in good faith, without interruption or dispute. Under Article 662, a possessor who is not registered can ask to be entered after thirty years of uninterrupted, undisputed possession as owner, but only where the land is not in the register, where the register does not show who the owner is, or where the registered owner was dead or declared missing when the thirty years began. Registration then needs a court order after a public call for objections. A squatter in a building with an identifiable registered owner has no route to ownership.
Occupying a building is trespass (Hausfriedensbruch) under Article 186 of the Criminal Code: unlawfully entering a house or flat against the will of the person entitled, or staying after being asked to leave. It is prosecuted on complaint and carries up to three years in prison or a fine.
Amendments to Article 926 of the Civil Code and to the Civil Procedure Code came into force on 1 July 2026. Self-help no longer has to be immediate: the owner may retake possession within a reasonable time after learning of the occupation, but only where official help is not available in time, and only with justified force. Owners can also now obtain a court order against people whose names they do not know, which had been a practical obstacle to eviction.
Where Switzerland sits against the rest of Europe, in years
Of 31 places in Europe on these pages, 3 have a shorter clock and 10 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 10 or 30 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 Switzerland?
Ten years under ZGB Art. 661, but only for someone wrongly registered as owner who possessed in good faith. Thirty years under Art. 662, but only for unregistered land, land whose owner the register does not show, or where the registered owner was dead or declared missing when the period began.
Is squatting illegal in Switzerland?
Yes. Unlawfully entering a house or flat against the will of the person entitled, or staying after being asked to leave, is trespass under Article 186 of the Criminal Code, prosecuted on complaint, with up to three years in prison or a fine.
Can an owner remove squatters themselves in Switzerland?
Within limits. Since 1 July 2026, Article 926 of the Civil Code lets an owner retake possession within a reasonable time after learning of the occupation, but only where official help is not available in time and only with justified force.
What changed in Swiss squatting law in 2026?
Self-help is no longer limited to the moment the occupation begins, the authorities are expected to give timely help, and owners can obtain court orders against occupants whose names they do not know.
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