What is an Umtriebsentschädigung? Meaning, legal basis and examples

In Switzerland, the term Umtriebsentschädigung is particularly relevant when it comes to the unlawful use of private property — for example when someone parks without permission on a private parking space. But what exactly does this legal concept mean, when does an entitlement arise, and how is it applied in practice?

What is an Umtriebsentschädigung?

An Umtriebsentschädigung is a fee charged for the effort caused by illegal parking on private property. It covers the administrative, organisational and — where relevant — logistical effort required to handle the incident.

A vehicle is parked without authorisation on the private parking space of a hair salon. The business owner has to spend time and resources to report the incident. The illegal parking causes lost revenue because the parking spaces are blocked for paying customers. The resulting effort can be billed to the responsible vehicle owner in the form of an Umtriebsentschädigung.

Legal basis in Switzerland

The Umtriebsentschädigung is based on the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB) — specifically Art. 41 OR and Arts. 926–929 ZGB, which govern claims for damages arising from unlawful acts. Under Art. 41 OR, anyone who unlawfully causes damage to another — whether intentionally or through negligence — is required to compensate it. Illegal parking on private property constitutes an unlawful interference with the property owner's rights, since it occurs without the owner's consent.

The following applies:

• There must be unlawful conduct (e.g. illegal parking).
• The affected party must have suffered effort or damage.
• There must be an adequate causal link between the conduct and the effort.

In practice, the Umtriebsentschädigung is recognised by courts when it is proportionate and reasonably justified.

Practical examples

1. Illegal parking on private parking spaces

A vehicle stands for several hours on a clearly marked private parking space. The owner contacts the towing service, photographically documents the incident and additionally tries to locate the driver. For these activities he claims an Umtriebsentschädigung of CHF 60 — considered appropriate in practice.

2. Blocking customer parking spaces

A retail shop offers its customers several parking spaces directly in front of the store. They are clearly marked as customer parking. Unauthorised parties repeatedly occupy these spaces — for example residents or commuters parking there. Customers are then left without parking options, leading to a noticeable drop in footfall, particularly during peak hours. Many potential buyers drive on because they can't find a space. The shop sees revenue losses, and the operator can claim the resulting damage and additional effort — e.g. through parking-monitoring measures — as Umtriebsentschädigung or damages.

3. Failure to pay parking fees

A property administrator operates paid visitor parking, where a fee is charged for the duration of the stay. Out-of-town drivers regularly use these spaces without paying the required fees, sometimes blocking spaces for hours. As a result, paying and authorised visitors cannot use them. Limited availability causes a drop in visitor numbers and can lead to economic losses. This damage can be claimed as lost profit or as an indirect consequence of illegal parking.

How high may the Umtriebsentschädigung be?

The amount depends on the effort caused — for example for administrative activities, etc. Today an amount of CHF 40–80 is considered proportionate.

Conclusion

The Umtriebsentschädigung is an important instrument in Switzerland for offsetting the effort of enforcing property rights. Especially in cases of unlawful use — such as illegal parking on private spaces — it provides those affected with a legally recognised way to claim the effort incurred. Anyone repeatedly disregarding others' property must therefore expect additional compensation claims.