The amendments to the Swiss Civil Code (CC) and the Swiss Civil Procedure Code (CPC) concerning the protection of possession against unlawful interference with land will enter into force on 1 July 2026. Their purpose is to strengthen the legal position of landowners, particularly in cases of unlawful occupation (squatting). This is to be achieved by expanding the right of self-help. In addition, a new procedural instrument is introduced through Article 260a CPC.
Under the previous legal framework, property owners often faced significant obstacles when seeking to take prompt action against squatters. The right of self-help was narrowly defined: the recovery of possession – that is, reclaiming property by using proportionate force – had to take place immediately after the occupation began, which was often impracticable. Furthermore, the police were generally unable to carry out an eviction without a court order. In addition, a court order for eviction could not previously be obtained against unspecified persons.
The new provisions provide landowners with more effective means of protecting their land. The right of self-help is strengthened by extending the period during which possession may be recovered. Under the new rules, this period begins only once the dispossession comes to the owner’s attention. Moreover, proportionate self-help may now be exercised within a reasonable period, provided that assistance from the authorities is not available in time, and no longer has to be exercised immediately. Where timely protection by the authorities is available, however, self-help remains excluded. It remains to be seen how the courts will interpret and apply this requirement in practice.
In addition, Article 260a CPC introduces a new procedural mechanism in the form of a court order. This enables property owners to apply for the compulsory eviction of even unidentified occupants. The court may order the direct enforcement of the order, thereby removing procedural obstacles that previously existed and allowing evictions to be carried out more quickly and efficiently. Overall, the revision strengthens the protection of possession and facilitates legal action against unlawful occupations of land.
