Is Squatting Legal in Germany After the 2026 Law Changes?

No,

Squatting in Germany is illegal under § 123 StGB (Breach of Domestic Peace) and § 244 StGB (Burglary), with penalties including fines or imprisonment. While “Hausbesetzung” (house occupation) may occur, authorities enforce eviction within days, and property owners can reclaim possession via civil courts. Recent 2026 amendments to the Wohnraumschutzgesetz (Housing Protection Act) further criminalize squatting in vacant properties, imposing stricter penalties for repeat offenses.


Key Regulations for Squatting in Germany

  • Criminal Liability: Occupying residential or commercial property without consent violates § 123 StGB, punishable by up to 3 years imprisonment or fines. Squatters face immediate eviction under police escort.
  • Civil Remedies: Property owners can file for räumung (eviction) in local Amtsgericht (district courts) within 48 hours of occupation. Courts prioritize these cases, often granting orders within days.
  • 2026 Compliance Shifts: The Wohnraumschutzgesetz expands protections for landlords, requiring municipalities to identify and secure vacant properties. Squatting in such properties now triggers enhanced fines (up to €50,000) and potential asset seizures under § 73 StGB (forfeiture).