Compensation for hunting and game damage
Service description
Compensable game damage is damage caused by hoofed game, wild rabbits and pheasants to agricultural and forestry land and plants, even if these have been separated from the ground but not yet harvested.
Damage caused by game to special crops shall not be compensated if the usual protective devices that would suffice to avert the damage under normal circumstances have not been installed.vineyards, gardens, orchards, tree nurseries, avenues, single trees and forestry crops other than the main types of wood found in the hunting district and open-air plantings of horticultural or high-value commercial plants are considered special crops.
Wire mesh fences are considered to be standard protective devices that are sufficient to prevent damage from game under normal circumstances:
- against red deer, fallow deer and mouflon with a height of at least 1.80 m,
- against roe deer with a height of at least 1.50 m,
- against wild boar with a height of at least 1.50 m, which is attached to ground stakes in such a way that it cannot be lifted by wild boar,
- against wild rabbits with a height of at least 1.30 m above the ground, at least 20 cm buried in the ground and a maximum mesh size of 40 mm.
In hunting districts where wild boar are present, the wire mesh fence against red deer, fallow deer, mouflon and roe deer must always be secured against being lifted by wild boar.
Damage caused by game to land on which hunting is suspended or not permitted will not be reimbursed.
Hunting damage is damage resulting from improper hunting. The person authorized to hunt is liable to the owner or the person authorized to use an area of land for any damage resulting from improper hunting; they are also liable for hunting damage caused by one of their gamekeepers or one of their hunting guests.
What deadlines do I have to observe?
The right to compensation for damage caused by game and hunting expires if the injured party does not report the claim to the competent authority within one week of becoming aware of the damage or would have become aware of the damage if due care had been exercised.
In the case of damage to forestry land, it is sufficient to notify the competent authority twice a year, by May 1 or October 1.
At the latest within one week of the notification of damage caused by game or hunting, the injured party must inform the authorities that it was not possible to reach an amicable settlement with the person liable for compensation and provide information on the amount of damage. If damage caused by game or hunting is reported in good time, the administration of the responsible municipality shall immediately arrange an appointment at the site of the damage to bring about an amicable settlement, inviting the parties involved and an appointed game damage assessor.
If an amicable agreement is reached at the meeting at the place of the damage, this must be recorded in minutes, which must contain in particular the nature of the damage, its amount and the date of reimbursement as well as the allocation of the costs of the preliminary proceedings. It must be signed by the parties involved.
If an amicable agreement cannot be reached, the game damage assessor shall determine the damage incurred, which shall form the basis of the administration's written preliminary decision.
Note: The vast majority of all game and hunting damage is settled directly between the injured person and the person liable to pay compensation (usually the hunting tenant) by mutual agreement, so that an official game damage procedure is not initiated.
Legal basis
Supporting institutions