Parking ban on private property: domiciliary rights, signs and towing
Introduction
Someone is parking on your property, or you see a “Private parking, towing at the keeper’s expense” sign. Can you just do that? Different rules apply on private property than in public road traffic. Here you can find out what domiciliary rights mean and what property owners are allowed to do.
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StVO vs domiciliary rights
Public road space (StVO)
- Regulated by the Straßenverkehrsordnung
- No-stopping zones by official traffic signs
- Fines issued by the Ordnungsamt
- Towing by the authority
Private property (domiciliary rights)
- Regulated by the Bürgerliche Gesetzbuch (BGB)
- Parking bans via private signs or verbal instruction
- No fines (Ordnungswidrigkeitsgesetz does not apply)
- Towing by the property owner (protection of possession)
Key difference: On public roads, the state regulates parking. On private land, the owner decides.
Which signs apply on private land?
Private parking-ban signs
Private signs such as “Private parking space – parking prohibited” or “Tenants only” have no StVO effect, but are binding under civil law.
This means:
- No fine from the Ordnungsamt
- But: towing at the wrong parker’s expense
- And: an injunction claim is possible
What has to be on the sign?
| Element | Required? |
|---|---|
| “Private property” or “private parking space” | Recommended |
| “Parking prohibited” | Recommended |
| “Vehicles parked unlawfully will be towed away” | Recommended |
| “At the keeper’s expense” | Recommended |
| Name of the owner | Not mandatory |
| StVO sign (sign 283/286) | Not permitted (StVO only applies to public spaces) |
Important: Private signs may not use the official StVO traffic signs. This is an administrative offence.
Towing from private land
Who is allowed to have a vehicle towed away?
The property owner or a person authorised by them (e.g. a property management company).
Procedure
- Identification: Vehicle is parked without authorisation on private land
- Documentation: Photos with timestamp
- Instruct a towing company: Owner calls a towing service
- Costs: Owner initially pays upfront
- Claim for costs: Owner claims the costs from the vehicle keeper
Costs
| Item | Amount |
|---|---|
| Towing | 150–300 € |
| Storage per day | 10–25 € |
| Finding the keeper | 10–30 € |
| Total | 170–355 € |
Who pays?
The vehicle keeper must reimburse the costs. The entitlement arises from the BGB (management without mandate, § 683 BGB, or damages, § 823 BGB).
When is towing not permitted?
Even on private land there are limits:
- Proportionality: In the event of a minor breach (e.g. 10 minutes in an empty car park), a court may consider the towing costs disproportionate
- No sign: Without a visible parking prohibition, it becomes more difficult to claim costs
- Publicly accessible private area: e.g. supermarket car park - special rules apply here (the operator’s AGB)
Supermarket car parks and car park operators
Many car parks in front of supermarkets are private land with a parking time limit.
Typical rules
- Display a parking disc (e.g. 90 minutes)
- Only while shopping
- Contract is formed by driving onto the premises (AGB at the entrance)
Contractual penalty
Private car park operators often impose a contractual penalty (not a fine!) for overstaying:
| Operator type | Contractual penalty |
|---|---|
| Supermarket operator | 15–30 € |
| Professional parking management company | 20–40 € |
Caution: Some operators demand excessive amounts (80–100 €). Courts have often reduced these to 20–30 €.
Frequently asked questions
Am I allowed to park briefly in an empty private car park?
Legally: No, if a parking prohibition is signposted. In practice: If it is for a short time and the car park is empty, towing is rare, but a contractual-penalty sign is still binding.
Can I enforce a parking prohibition on my property?
Yes. As the owner, you may decide who parks on your property. Put up a clearly visible sign and, if it happens again, instruct a towing company.
Am I allowed to block in an illegally parked vehicle myself (e.g. with another car)?
No! That would be coercion (StGB § 240). You may have it towed away, but not block it in.
What if the parking space is not clearly recognisable as private?
Without a clearly visible marking, it is harder to claim towing costs. A court could decide that the driver could not recognise the private nature.
Summary
- StVO does not apply on private land, householder’s rights instead of the Ordnungswidrigkeitsgesetz
- Private signs: No fine, but towing is possible
- Towing costs: 170–355 €, paid by the registered keeper
- StVO signs prohibited: Private signs must not use official traffic signs
- Proportionality: Courts examine whether towing was appropriate
- Supermarket car parks: Contractual relationship, no StVO