No-Parking Zone on Private Property: Property Rights, Signs & Towing

Introduction

Someone parks on your property -- or you see a sign reading "Privatparkplatz -- Abschleppen auf Kosten des Halters" (Private parking -- towing at the owner's expense). Is that even allowed? On private property, different rules apply compared to public roads. Here you will learn what property rights (Hausrecht) mean and what property owners are allowed to do.

StVO vs. Property Rights (Hausrecht)

Public Roads (StVO)

Regulated by the StVO (Strassenverkehrsordnung, Road Traffic Regulations)
No-stopping zones established through official traffic signs
Fines issued by the Public Order Office (Ordnungsamt)
Towing arranged by the authorities

Private Property (Hausrecht)

Regulated by the BGB (Buergerliches Gesetzbuch, German Civil Code)
No-parking zone established through private signs or verbal instruction
No fines (the Administrative Offences Act does not apply)
Towing arranged by the property owner (right of possession)

Key difference: On public roads, the government regulates parking. On private property, the owner decides.

Which Signs Apply on Private Property?

Private No-Parking Signs

Private signs such as "Privatparkplatz -- Parken verboten" (Private parking -- no parking) or "Nur fuer Mieter" (Tenants only) have no StVO effect but are binding under civil law.

This means:

No fine from the Public Order Office (Ordnungsamt)
However: towing at the expense of the illegally parked driver
And: injunction proceedings are possible

What Must the Sign Say?

Element	Required?
"Privatgrundstueck" or "Privatparkplatz" (Private property/parking)	Recommended
"Parken verboten" (Parking prohibited)	Recommended
"Widerrechtlich abgestellte Fahrzeuge werden abgeschleppt" (Illegally parked vehicles will be towed)	Recommended
"Auf Kosten des Halters" (At the owner's expense)	Recommended
Name of the property owner	Not mandatory
StVO signs (Sign 283/286)	Not permitted (StVO applies only to public roads)

Important: Private signs may not use official StVO traffic signs. Doing so is an administrative offence.

Towing from Private Property

Who May Arrange Towing?

The property owner or a person authorized by them (e.g. property management company).

Process

1. Detection: Vehicle is parked on private property without authorization

2. Documentation: Photos with timestamp

3. Commission a towing company: Owner calls a towing service

4. Costs: Owner pays upfront initially

5. Cost recovery: Owner claims costs from the vehicle owner

Costs

Item	Amount
Towing	150--300 EUR
Storage per day	10--25 EUR
Owner identification	10--30 EUR
Total	170--355 EUR

### Who Pays?

The vehicle owner must reimburse the costs. The claim is based on the BGB (German Civil Code) -- either management of another's affairs without mandate (Geschaeftsfuehrung ohne Auftrag, Section 683 BGB) or damages (Section 823 BGB).

When Is Towing Not Permitted?

Even on private property, there are limits:

Proportionality: For minor violations (e.g. 10 minutes on an empty parking lot), a court may consider the towing costs disproportionate
No sign: Without a clearly visible no-parking notice, it becomes more difficult to recover costs
Publicly accessible private property: e.g. supermarket car parks -- special rules apply here (the operator's terms and conditions)

Supermarket Car Parks and Parking Operators

Many car parks in front of supermarkets are private property with parking time limits.

Typical Rules

Display a parking disc (e.g. 90 minutes)
Only while shopping
A contract is established by entering the car park (terms and conditions posted at the entrance)

Contractual Penalty

Private parking operators often charge a contractual penalty (not a fine!) for exceeding the limit:

Operator Type	Contractual Penalty
Supermarket operator	15--30 EUR
Professional parking management company	20--40 EUR

Caution: Some operators demand excessive amounts (80--100 EUR). Courts have frequently reduced these to 20--30 EUR.

Frequently Asked Questions

May I park briefly on an empty private car park?

Legally: No, if a no-parking notice is posted. In practice: towing is rarely arranged for a short stay on an empty car park, but a contractual penalty sign is still binding.

Can I enforce a no-parking zone on my property?

Yes. As the owner, you decide who may park on your property. Put up a clearly visible sign and commission a towing company in the event of repeat offences.

May I block an illegally parked car myself (e.g. with another vehicle)?

No! That would constitute coercion (StGB Section 240, German Criminal Code). You may have the car towed, but you may not block it.

What if the car park is not clearly identifiable as private?

Without clear identification, it is more difficult to recover towing costs. A court could rule that the driver could not reasonably have recognized the private nature of the property.

Summary

StVO does not apply on private property -- property rights instead of administrative offence law
Private signs: No fines, but towing is possible
Towing costs: 170--355 EUR, paid by the vehicle owner
StVO signs prohibited: Private signs may not use official traffic signs
Proportionality: Courts assess whether towing was appropriate
Supermarket car parks: Contractual relationship, not StVO