No, squatting in Austria is illegal under the Criminal Code (§ 129 StGB) and Civil Code (§ 339 ABGB), with penalties including fines or imprisonment. Authorities enforce evictions via local district courts and municipal police under the 2023 Wohnungsanpassungsgesetz, which tightened enforcement against unauthorized occupation.
Key Regulations for Squatting in Austria
- Criminal Liability: § 129 StGB criminalizes unauthorized occupation of residential or commercial property, punishable by up to six months’ imprisonment or fines. Aggravating factors (e.g., forced entry) escalate penalties to one year.
- Civil Eviction Procedures: Property owners may file for eviction under § 339 ABGB, with courts prioritizing expedited proceedings. Municipal authorities (e.g., Magistrat Wien) coordinate with police for removals within 30 days of court orders.
- 2026 Compliance Shifts: The Wohnungsrecht-Novelle 2026 expands police powers to detain squatters immediately upon complaint and mandates landlords to secure vacant properties within 48 hours of notification to avoid liability for repeat offenses.
Enforcement varies by state (Bundesland), with Vienna and Salzburg prosecuting aggressively due to housing shortages. Squatters face immediate eviction and potential criminal records, while property owners receive state-backed support for repossession. Legal loopholes (e.g., adverse possession claims) are nearly nonexistent under current jurisprudence.