Guide
Illegal parking on private property – what owners may do
Are other people's vehicles blocking your private parking spaces? In Austria, you as the owner have clear options – provided the legal basis is in place.
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In brief
What may I do about unauthorised parkers?
In Austria, parking a vehicle without authorisation on a private parking area is generally an interference with possession (Besitzstörung, Section 339 of the Austrian Civil Code, ABGB). As owner or manager you may determine who parks on your property and act against unauthorised parkers. What matters legally is that the area is recognisable as private property – a clear sign is the most important piece of evidence for this and is strongly recommended. On this basis, every violation can be documented, the keeper identified and the incident handled in a legally sound way.
Towing on your own initiative, by contrast, is generally unlawful in Austria: it counts as impermissible self-help and may itself constitute an interference with possession – permissible only in narrow exceptional cases, for example when official assistance would come too late and irreparable damage is imminent (e.g. a blocked emergency access). Anyone who has a vehicle towed without these conditions is left bearing the costs and is liable for damage. The reliable route therefore runs via sound documentation on our part and the civil-law pursuit of the interference with possession by our lawyers – this is exactly what we do for you.
- Unauthorised parking on private property is an interference with possession.
- The area must be recognisable as private property – signage is the most important piece of evidence.
- Towing on your own initiative is generally unlawful.
- Document the violation, identify the keeper, handle it under civil law.
Background
Signage is half the battle
Without a visible sign, a private parking area remains legally tricky terrain: anyone who parks there can claim not to have known the terms of use. Clear signage – supplemented by road markings – creates this clarity and is in practice the most important piece of evidence that checks and vehicle keeper notifications are enforceable.
In practice, consistency also matters. An area that is only checked occasionally quickly gets a reputation as a "free car park". That is why we monitor the sites we look after several times a day at varying times – at currently over 100 locations throughout Salzburg and Upper Austria. You can read how we put signage, parking cards and monitoring into practice on the Services page.
Step by step
How to proceed in a legally sound way
From signage to the vehicle keeper notification: four steps with which you record unauthorised parkers on a sound legal basis – evidence-proof and without any risk to you.
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Clear signage
A clearly visible sign at the entrance designates the area as a monitored private car park with its own parking rules. Signage is not mandatory in every case – what matters is that the private property is recognisable – but it is the most important piece of evidence and therefore strongly recommended.
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Define the permit
Anyone allowed to park identifies themselves – for example with a tamper-proof parking card. This makes it possible to tell within seconds at every check who is authorised and who is not.
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Document the violation
Every vehicle parked without authorisation is recorded with photo, time stamp and location in a way that holds up as evidence – the basis for identifying the keeper and handling the case in a traceable manner.
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Leave a notification
A vehicle keeper notification (FHM) is left on the vehicle – at this point only the number plate is known, no personal data. If the incident remains unresolved, our lawyers take over identifying the registered keeper and the civil-law handling of the interference with possession (Besitzstörung).
When no one responds
Actions for interference with possession and for injunction – process, deadline and costs
If a vehicle keeper notification goes unanswered, the interference with possession can be enforced through the courts. The 30-day deadline is decisive: an action for interference with possession (Besitzstörungsklage) must be brought within 30 days of becoming aware of the interference and the interferer (Section 454 of the Austrian Code of Civil Procedure, ZPO). That is why timely, evidence-proof documentation with photo, time stamp and location matters – it is the basis of any later enforcement.
In the case of an action for injunction, the lawyer is not bound by the 30-day deadline.
The costs of an action consist of court fees and legal representation. If the disturbed party prevails, the unsuccessful party – that is, the illegal parker – generally bears the costs of the proceedings. No flat sum can be stated, as it depends on the amount in dispute and the individual case. In practice, our lawyers take over identifying the keeper and the entire civil-law handling. You receive the relevant information with our management concept.
- Deadline to file: 30 days of becoming aware of the interference and the interferer (Section 454 ZPO).
- Evidence-proof documentation is the basis of enforcement.
- The costs of proceedings are generally borne by the unsuccessful party.
- Our lawyers take over identifying the keeper and handling the matter.
Frequently asked questions
Illegal parking on private property – answered briefly
May I have illegally parked vehicles towed from my private car park?
As a rule, no. Towing on your own initiative is usually unlawful in Austria: it counts as impermissible self-help and may itself constitute an interference with possession (Besitzstörung). Austrian law generally refers the enforcement of claims to the courts (Section 19 of the Austrian Civil Code, ABGB); self-help on one's own initiative is permitted only within the narrow limits of Section 344 ABGB – for example when official assistance would come too late and irreparable damage is imminent (e.g. a blocked emergency access) – and even then only after reasonable enquiries, such as a check with the vehicle registration records. Anyone who has a vehicle towed without these conditions bears the costs themselves and is liable for damage. The legally sound route is the interference with possession: we document the vehicle as evidence, our lawyers identify the keeper and handle the case under civil law – this is exactly what we do for you.
Do I need signage in order to act against unauthorised parkers?
Signage is not mandatory in every case – what matters legally is that it is recognisable to everyone that this is private property. In practice, however, a clear, clearly visible sign is the most important piece of evidence: it proves this recognisability and designates the area as a monitored private car park with its own parking rules. Without it, enforcement becomes considerably more difficult – which is why it is strongly recommended.
What counts as interference with possession in cases of unauthorised parking?
If someone parks their vehicle on your private parking area without authorisation, they interfere with your right of possession – this is an interference with possession (Besitzstörung within the meaning of Section 339 of the Austrian Civil Code, ABGB). This provision protects undisturbed possession: no one may disturb it on their own initiative. As owner or manager you can demand that the interference cease (claim for injunction) and pursue the incident with documentation.
What does an action for interference with possession cost and what deadline applies?
If an unauthorised parker does not respond, the interference with possession can be enforced through the courts. The deadline is crucial: an action for interference with possession (Besitzstörungsklage) must be brought within 30 days of becoming aware of the interference and the interferer (Section 454 of the Austrian Code of Civil Procedure, ZPO) – which is why timely, evidence-proof documentation is decisive. The costs depend on court fees and legal representation; if the disturbed party prevails, the unsuccessful party – that is, the illegal parker – generally bears the costs of the proceedings. No flat sum can be stated, as it depends on the individual case. In practice, our lawyers take over identifying the keeper and handling the matter.
How do I find out who owns the illegally parked vehicle?
As a private individual you cannot freely request keeper data – information about the registered keeper requires a legal interest and is issued by the authority. In practice we record the incident in a way that holds up as evidence and leave the vehicle keeper notification (FHM) on the vehicle; at this point only the number plate is known to us. The keeper information is only obtained by our lawyers once the case is pursued legally – with no effort on your part.
Is it worthwhile for small parking areas?
Small residential complexes, practices or business car parks also benefit as soon as unauthorised parking happens regularly. What matters is not the size but reliable monitoring and a sound legal basis. A free initial consultation clarifies what makes sense for your location.
This article offers general orientation and does not replace legal advice in individual cases.
Next step
Your parking spaces belong to those entitled to them
We inspect your property, set up signage and parking cards and take over ongoing monitoring – legally sound and with no effort on your part.