Understand the legal boundaries
House rights are one of the most important instruments in everyday security work. But where are the limits? When may a security officer remove someone from the premises? And what must be documented? We provide a practical overview.
Why House Rights Are So Central in Everyday Security Work
Hardly a day goes by without security forces having to exercise house rights:
- Shop thief is detained until police arrive
- Drunk guest in a restaurant is asked to leave
- Unauthorized visitor on a company premises is removed
- Former employee enters the company premises without authorization
But what is legally permitted? May the security service detain someone? May they use physical force? And what happens if the person refuses to leave?
The Legal Basis: House Rights
What Are House Rights?
House rights are the right of the owner or possessor of a property (particularly a premises or building) to determine who may enter and who may not.
Legal basis:
| Legal Norm | Content |
|---|---|
| Art. 14 GG (Property Rights) | Constitutional basis of house rights |
| § 903 BGB (Rights of the Owner) | The owner may dispose of their property at will. |
| § 858 BGB (Protection of Possession) | The possessor may defend themselves against prohibited self-help. |
| § 229 BGB (Self-Help) | Enables temporary detention when caught in the act |
Who Exercises House Rights?
| Role | Authority |
|---|---|
| Owner | Holder of house rights (can transfer them) |
| Possessor (tenant, lessee) | Exercises house rights during the period of possession |
| Security Service | Can be commissioned by the owner/possessor to exercise it |
Practical tip: The security contract should clearly state that the security service may exercise house rights in the name and on behalf of the client. Otherwise, the authority is lacking.
The Trespass Notice: When and How?
What Is the Difference Between a Trespass Notice and a Ban from Premises?
| Term | Meaning |
|---|---|
| Trespass Notice | Specific request to immediately leave a specific premises/building (one-time, time-limited) |
| Ban from Premises | General prohibition from entering a premises/building for a specific period (or permanently) (in advance for the future) |
Practical tip: The trespass notice is the immediate measure. The ban from premises is issued afterward (e.g. “You are banned from the premises for 30 days.”).
When Is a Trespass Notice Lawful?
A trespass notice is lawful when:
- The person has no right to be present (no invitation, no rental agreement, no permission)
- The house rights holder (or their representative) issues the trespass notice
- The person does not leave voluntarily
Special feature: Even guests or customers can be removed if they violate the house rules (e.g. harassment, theft, aggressive customers).
How to Issue a Legally Sound Trespass Notice?
Step-by-step guide:
| Step | Action | Wording Assistance |
|---|---|---|
| 1 | Identification | “Good day, I am security officer [Name] on behalf of the house rights holder.” |
| 2 | Reason | “You are staying here without authorization because …” (or “You have violated the house rules because …”) |
| 3 | Request | “I request you to leave this premises immediately.” |
| 4 | Notice of consequences | “If you do not leave, I will call the police.” |
| 5 | Wait for response | Does the person leave? → Trespass notice successful. Do they not leave? → Call the police. |
Important: The trespass notice must be clear, understandable and documentable. Best with witnesses (colleague, camera) and written record.
May the Security Service Detain Someone?
Temporary Detention (§ 127 Para. 1 StPO)
The security service may temporarily detain a person if:
- The person is caught in the act (theft, assault, property damage)
- There is a risk of flight (the person wants to run away)
- The identity cannot be immediately established
What does “caught in the act” mean?
- The person is observed during the act
- The person is pursued immediately after the act (e.g. shoplifter runs out)
- The person is found with tools or stolen goods
How long may they be detained?
- Only until the police arrive (usually 10–30 minutes)
- No hours-long self-help!
What Is Not Permitted?
- Detention without suspicion of a crime (e.g. “They look suspicious”)
- Detention for trivial matters (e.g. “They dropped a piece of gum”)
- Unauthorized searches (only police may search without a court order)
- Use of force beyond what is necessary (principle of self-defense)
Practical tip: Call the police as early as possible when in doubt. Temporary detention is a sharp sword – use it only when the legal situation is clear.
Use of Force: What Is Permitted?
Self-Help (§§ 229, 859 BGB)
The law permits the possessor to defend themselves against prohibited self-help.
Permitted measures:
| Measure | Permitted? | Limit |
|---|---|---|
| Verbal address & request | Yes | No insults, no threats |
| Verbal reference to police | Yes | No false claims (“The police are already on their way”) |
| Light physical contact (taking arm, blocking door) | Yes | No intent to injure |
| Holding (until police arrive) | Yes (under §127 StPO) | Only when caught in the act, only for a short time |
| Punches, kicks, ground fixations | No (except in self-defense) | Self-defense is permitted, not retaliation |
| Restraints (cable ties, handcuffs) | Only in exceptional cases | Only in acute danger to life and limb, only until police arrive |
Important: Any use of force must be proportionate. A firm grip on an 80-year-old shoplifter with a pack of sausages would be disproportionate. For a violent rioter attacking others, stronger force may be used.
The Ban from Premises: Issuing, Documenting, Enforcing
When Is a Ban from Premises Lawful?
A ban from premises is a preventive measure. It requires:
- The house rights holder (or their representative) issues it
- A reason exists (repeated violation of house rules, theft, harassment, trespassing)
- The person is informed (in writing or verbally, with reason)
- The person receives information on legal remedies (how can they lodge an objection?)
Special feature: For customers who have not committed a crime, a ban from premises is not automatically possible. A substantial reason must exist (e.g. repeated aggressive customers).
What Form Is Required?
| Form | Suitable For | Advantages / Disadvantages |
|---|---|---|
| Verbal | Individual case, spontaneous situation | Simple, but hard to prove |
| Written (letter, notice) | General ban from premises for specific person(s) | Provable, but time-consuming |
| With witnesses | Recommended for every case | Provable (colleague, camera) |
Practical tip: Document every ban from premises in writing: Name of the person, date, reason, duration of the ban, name of the issuer, witnesses.
What Should Be Considered with Bans from Premises?
- No discrimination: A ban from premises must not be issued for racist, religious or other discriminatory reasons.
- No disproportionate duration: For a shoplifter, a 5-year ban from premises may be disproportionate; 1 year is more appropriate.
- Right of objection: The affected person must have the opportunity to challenge the ban from premises (e.g. through a lawyer).
- No vigilante justice: In case of a violation of a ban from premises, call the police, do not use force on your own (except in acute danger).
The Necessary Documentation
Thorough documentation is crucial – in case of later legal review or a lawsuit.
What Must Be Documented?
| Documentation Point | Content |
|---|---|
| Date & Time | When did the incident occur? |
| Location | Exact location (e.g. “Main entrance area, Camera 3”) |
| Persons involved | Name (if known), physical description, possibly photo (only with legal basis) |
| Facts | What exactly happened? (neutral, factual, no evaluations) |
| Measure taken | Trespass notice? Ban from premises? Detention? |
| Reason | Why was the measure lawful? (e.g. “The person was in the storage area without authorization”) |
| Reaction of the person | Did they leave? Did they resist? |
| Police involved? | If yes: which station, time, officer’s name, case number |
| Witnesses | Colleagues, bystanders, camera recordings |
| Own measures | What exactly did the security officer do? (e.g. “Took arm, led to door”) |
Template for a Documentation Log
SECURITY INCIDENT - LOG
| Field | Content |
|---|---|
| Date | 16.06.2025 |
| Time | 2:35 PM |
| Location | Main building entrance area, Camera 4 |
Person Involved
| Field | Content |
|---|---|
| Name | unknown |
| Gender | male |
| Age | approx. 30-35 years |
| Clothing | black jacket, blue jeans |
| Special features | Tattoo on right forearm |
Facts
The person entered the building through the main entrance at 2:30 PM. When asked, they stated no purpose of visit and could not show a visitor ID. They did not respond to the request to check in at reception.
Measure
I, [Name of security officer], issued a trespass notice at 2:32 PM with the reason:
“You are staying here without authorization. I request you to leave the building immediately.”
Reaction
The person did not respond and sat down on a bench in the entrance area.
Further Action
At 2:35 PM, the police (emergency number 110) were notified. Case number: [Number]. The police arrived at 2:50 PM.
Witnesses
- Colleague [Name], also in the entrance area
- Camera 4 (recording secured)
Incident Report Prepared By
| Field | Content |
|---|---|
| Name | [Name, Signature] |
| Date | 16.06.2025 |
Typical Pitfalls & Legal Misconceptions
Misconception 1: “The security service may detain anyone who steals.”
Correct: Only when caught in the act and risk of flight. For petty theft (e.g. a €1 piece of gum), detention would be disproportionate.
Misconception 2: “If I’ve issued a ban from premises, I can drag them out immediately.”
Correct: A ban from premises is a preventive measure. If the person is not currently on the premises, they may only be removed the next time they enter. Current presence → trespass notice, not dragging them out from the past.
Misconception 3: “I can ban anyone I don’t like.”
Correct: A ban from premises must have a substantial reason (theft, harassment, trespassing). Purely subjective dislike is not sufficient, even for private property (due to anti-discrimination laws).
Misconception 4: “I don’t need to call the police; I’ll handle this myself.”
Correct: In cases of resistance, violence or unclear legal situations, the police are the right contact. Unauthorized actions can lead to civil claims for damages or even criminal consequences (assault, false imprisonment).
Checklist for Security Officers On-Site
- House rights holder known? (On behalf of the owner/possessor?)
- Legal basis clear? (No right of access? Violation of house rules? Crime?)
- Trespass notice clearly issued? (With reason and request)
- Reaction waited for? (Does the person leave voluntarily?)
- If they don’t leave: police called? (Do not let it escalate yourself!)
- Documentation prepared? (Time, location, persons, measures, witnesses)
- Camera recordings secured? (Do not delete, do not overwrite)
- Supervisor informed? (For major incidents)
Conclusion: Know Your Rights, Respect the Limits
House rights are a powerful instrument – but not a blank check for arbitrariness. Security officers should:
- Know the legal bases (house rights, trespass notice, temporary detention)
- Act proportionately (gentle means before harsh ones, police in case of escalation)
- Document thoroughly (for legal disputes)
- Call the police when in doubt (better evidence, more authority)
Anyone who follows these rules can effectively exercise house rights – while avoiding legal pitfalls and personal liability.
Do you have questions about house rights or need training for your security personnel? We offer practical workshops on legal powers, de-escalation and documentation – specifically for security service providers and in-house security forces.
Note: This article does not replace legal advice. The legal situation may change, and individual cases should be reviewed by a lawyer specializing in criminal or civil law when in doubt.