Trespass (squatting)

A construction site occupation refers to the violent or unlawful seizure of a construction or demolition site by activists or squatters who wish to prevent construction or demolition. Legally, such an action is generally punishable as trespassing (§ 123 StGB) and-if a group acts collectively and uses violence or threats-as breach of the peace (§ 125 StGB). For developers and property owners, this results not only in construction delays but also in significant damages and liability issues.

Legal Classification: Trespass and Disturbance of the Peace

Trespass (§ 123 StGB): Anyone who enters a secured property-including construction sites that are secured and cordoned off-without authorization, or who fails to leave despite being asked to do so, is liable to prosecution. Penalty: up to one year of imprisonment or a fine. Important for practice: A construction site is considered “secured” even if it is not completely fenced in, provided that access is clearly prohibited by signs and barriers.

Disturbance of the peace (§ 125 StGB): If several people participate in a public gathering from which acts of violence against persons or property are committed, this constitutes breach of the peace. Penalty: up to three years’ imprisonment; up to ten years in cases of serious ringleading. The offense does not require the personal use of violence-mere participation in the violent crowd may be sufficient.

Property damage (Section 303 StGB): Occupations often result in damage to construction equipment, fencing, or parts of buildings already erected. These acts constitute separate criminal offenses and provide the basis for subsequent claims for damages.

Rights of the Developer and Owner

As the owner or developer, you have several options for action:

• Immediate criminal complaint with the police (for trespassing, and possibly property damage)
• Injunction for injunctive relief from the competent civil court
• Action to protect possession under § 859 BGB (right of self-help only within narrow limits, no violence against persons)
• Claims for damages against identified squatters for construction downtime costs, lost profits, and security costs

The police are obligated to enforce the owner’s right to possess the property if the owner demands eviction; however, taking matters into one’s own hands using force is generally prohibited. When filing a criminal complaint, builders should provide all relevant evidence: photographs of the occupation, witness statements from the construction company, and a detailed breakdown of the additional costs incurred due to the construction stoppage.

Insurance Coverage and Documentation Requirements

Some construction performance insurance policies do not automatically cover construction stoppage damages caused by building occupations. Builders should check in advance whether a corresponding clause exists. If coverage is lacking, the economic consequences can be significant: downtime for scaffolding and cranes, weather-related additional expenses due to delayed completion of the shell, as well as penalties owed to contracted trades can quickly add up to five-figure sums.

The following preventive measures are recommended:

• Early and transparent public engagement (reduces political motivation for occupations)
• Professional construction site security (fencing, lighting, security guards)
• Documentation of events via cameras for potential damage claims
• Comprehensive construction logkeeping as proof of delay-related additional costs

Construction Policy Context: When Is an Occupation Likely?

Construction site occupations are rare in Germany, but by no means impossible. They typically occur in the following situations: during the demolition of residential buildings in tight housing markets, during tree felling for construction projects, during large-scale urban development projects in locations that shape the cityscape, and during projects that encounter politicized climate protection protests. The risk of escalation increases when projects are carried out without sufficient public communication and when local activist groups are informed of the project in advance.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg, there have been occasional protests and isolated attempts at occupation in the past-for example, during the demolition of old buildings in the Südstadt or Gostenhof neighborhoods, as well as during new construction projects on controversial sites. Developers in politically sensitive neighborhoods should involve the community early on: a well-prepared informational event prior to the start of construction, active communication via the neighborhood newspaper or social media, and-where possible-coordination with the city planning office regarding the communication strategy.

In an emergency, the following applies: immediately notify the police (emergency number 110), do not act on your own initiative, secure evidence, and inform the site manager and the insurance company without delay. For the legal enforcement of claims for damages, we recommend specialized construction lawyers who are familiar with such special situations in the Nuremberg and Franconia regions.

Frequently Asked Questions

Can I personally remove squatters from my construction site?

As the property owner, you may ask them to leave peacefully and without violence. Physical intervention is only permitted within the narrow scope of the right of self-help (§ 859 BGB)-in practice, this means: call the police, do not take matters into your own hands. Taking physical action on your own can make you liable to prosecution and give the squatters grounds to sue you for damages.

Who is liable for damage caused by squatters on my construction site?

The squatters are civilly liable for all verifiable damages. Since squatters are often difficult to identify or lack financial means, enforcing claims for damages is difficult in practice. Good documentation using cameras and site supervisor logs, as well as construction liability insurance with appropriate coverage, can help here. In the case of organized groups, the association or organization may also be held liable as the organizer in individual cases.

As the building owner, am I liable for accidents on the occupied construction site?

In certain cases, yes: The owner’s duty to ensure public safety also applies to unauthorized persons if typical sources of danger are recognizable to third parties. Therefore, comprehensive security measures on the construction site (barriers, warning signs, and, if necessary, security guards) are also important as a preventive measure against squatters. However, contributory negligence on the part of the squatters can significantly reduce or exclude their claims for damages.

Can I not secure a construction project due to political opposition?

Full legal protection is possible if all permits have been properly issued. Political opposition alone does not suspend an issued building permit. However, legal challenges by third parties-though often unsuccessful-can have a suspensive effect and cause construction delays that have economic consequences similar to those of an occupation. The best strategy is early, transparent communication and close coordination with the permitting authority.

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