Anti-Graffiti Legislation
in the biggest European countries: An Overview
-
Ko van den Boom
- Reading time: 27 minutes
- Graffiti removal, Street art, Technical info, Vandalism
Graffiti has long been a contentious issue across Europe, often sparking debates about artistic expression versus vandalism. The European Union (EU) comprises diverse nations, each with its own approach to managing graffiti (especially graffiti in the context of vandalism) through legislation. This blog post explores the anti-graffiti laws in some of the largest EU countries, highlighting their unique strategies and challenges.
Disclaimer.
Discretion is advised when reading and interpreting the contents of the below text. Some of the information presented in this blog post might have changed since the time of posting.
Also: since this text was not written and analysed by a legal scholar, there is a possibility that some parts of legislature might be incorrectly interpreted or summed up. Please note that the content of this blog post cannot be used as legal advice or as basis for legal advice. We strongly advise that you consult a licensed law professional to get advice on legislature of any kind.
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Anti graffiti in Germany: Balancing enforcement and freedom of artistic expression
Germany's approach to graffiti is characterized by a mix of strict penalties and a growing recognition of street art as a legitimate form of expression. Under German law, graffiti is punishable as criminal damage if it can be proven that the act resulted in damage to property. This legal framework has led to calls for stricter penalties, especially in regions like Baden-Württemberg, where politicians are advocating for tougher measures against graffiti artists. This approach was proposed in 2005 on the International Anti Graffiti Conference in Berlin.
Despite these efforts, there is significant debate within Germany regarding the classification of graffiti. Some political factions argue that labelling graffiti strictly as vandalism fails to acknowledge its artistic value. For instance, prominent figures in the youth division of the Green Party advocate for a more nuanced perspective, suggesting that graffiti should be viewed as a societal issue rather than purely criminal behaviour.
A prominent example of this stance, was the debate around the occurrence of “reverse graffiti” in Cologne, where artists created (reverse) graffiti by cleaning parts of dirty walls in order to create street art. The municipality started prosecuting reverse graffiti artists, while the the Green youth (Grüne Jugend) of North Rhine-Westphalia has criticized the city's stance, posing rhetorical questions about the implications of such regulations.
This ongoing dialogue reflects Germany's struggle to find a balance between enforcing laws and fostering artistic expression.
Read more about the various aspects of graffiti as a wider phenomenon in our blog post What is graffiti or learn more about the legal aspect of graffiti in our post that explains the basics of Street art.
Berlin Street art
France: A Multifaceted Approach
In France, graffiti laws are influenced by both cultural attitudes and local governance. The French Penal
Code imposes fines of up to €30,000 and even 2 years imprisonment for “the destruction, degradation or deterioration of property belonging to another«. Of course, we can assume that graffiti rarely fall into this category. The same penal code (Article 322-1 (II.)) states that »The act of writing inscriptions, signs or drawings, without prior authorization, on facades, vehicles, public roads or street furniture is punishable by a fine of 3,750 euros and a sentence of community service when it only results in minor damage.« The exact amount of each fine, for specific vandal acts is determined on a case by case basis, but the law states that: »Public action may be extinguished, including in the event of a repeat offence, under the conditions set out in Articles 495-17 to 495-25 of the Code of Criminal Procedure, by the payment of a fixed fine of 200 euros.
The amount of the reduced fixed fine is 150 euros and the amount of the increased fixed fine is 450 euros.« The penalties are harsher for violations in the context of defacing historical buildings.
Legal graffiti in France
This legal framework aims to protect cultural heritage while also addressing the concerns of property owners. Local governments in France have adopted various strategies to manage graffiti. Some cities, like Paris, have designated specific areas for street art, allowing artists to express themselves legally while minimizing vandalism elsewhere. However, enforcement remains a challenge, particularly in urban areas where graffiti can proliferate rapidly. The French government has also initiated campaigns to raise awareness about the impact of graffiti on community aesthetics and property values.
Italy: Strict Penalties for Vandalism
Italy's approach to anti-graffiti legislation is notably stringent. The Italian Penal Code (Article 639) stipulates fines from €300 to €1,000 or imprisonment for up to six months for those caught defacing property with graffiti. The penalties increase significantly for acts committed on buildings of historical or artistic significance, with much higher fines and potential jail time.
This strict legal framework reflects Italy's commitment to preserving its rich cultural heritage. Cities like Rome and Florence have implemented additional measures to combat graffiti vandalism, including community-led cleaning initiatives and public awareness campaigns aimed at promoting respect for public spaces.
Because of many acts of vandalism which targeted historic monuments with the aim of drawing attention to climate change issues, the Italian parliament passed legislature in 2024 with elevated fines (up to €40.000) for climate activists/vandals defacing monuments of historical significance.and local governance. The French Penal Code imposes fines of up to €30,000 and even 2 years imprisonment for “the destruction, degradation or deterioration of property belonging to another«. Of course, we can assume that graffiti rarely fall into this category.
The same penal code (Article 322-1(II.)) states that »The act of writing inscriptions, signs or drawings, without prior authorization, on facades, vehicles, public roads or street furniture is punishable by a fine of 3,750 euros and a sentence of community service when it only results in minor damage.« The exact amount of each fine, for specific vandal acts is determined on a case by case basis, but the law states that: »Public action may be extinguished, including in the event of a repeat offence, under the conditions set out in Articles 495-17 to 495-25 of the Code of Criminal Procedure, by the payment of a fixed fine of 200 euros. The amount of the reduced fixed fine is 150 euros and the amount of the increased fixed fine is 450 euros.« The penalties are harsher for violations in the context of defacing historical buildings
Spain Legal Protections Amidst Controversy
Spain presents a unique case where anti-graffiti legislation coexists with legal protections for street art.
The Spanish Constitution promotes artistic freedom, which complicates the enforcement of anti-graffiti laws. While unauthorized graffiti can lead to criminal charges under Spanish law, the Ley de Propiedad Intelectual (Intellectual Property Law) offers protections for original creations regardless of their permanence or aesthetic appeal. The provision Ley 43/1994 protects graffiti regardless of how durable they are and what messages they communicate and not even the aesthetic argument (that a drawing looks ugly) for criminalisation can be made, because aesthetical neutrality applies (aesthetics ia a relative concepts and no one is in the position to judge it absolutely).
This is not to say that all graffiti and (unauthorised) street art is legal in Spain, but in some instances, municipalities inadvertently erased authorized street art due to misunderstandings about legal protections. For example, in Barcelona and Madrid, local governments have faced backlash after removing works that were meant to be celebrated as part of the urban landscape and in some cases graffiti artists were asked to paint their graffiti again, after they were removed.
As cities grapple with these complexities, there is an ongoing debate about how best to support both artists and property owners.
United Kingdom:Zero Tolerance Policies In the UK,
anti-graffiti legislation has evolved significantly over the years. The Anti-Social Behaviour Act 2003 empowers local councils to take action against property owners who allow graffiti on their buildings. This act allows councils not only to remove graffiti but also to impose fines on property owners who do not maintain their properties adequately (with, for example allowing the defacement of protective boards which are installed on their property).
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The UK's approach has been characterized by a "zero tolerance" policy towards unauthorized graffiti.
Campaigns such as Keep Britain Tidy advocate for stringent measures against vandalism while promoting community involvement in maintaining clean public spaces. However, this strict stance has faced criticism from artists who argue that it undermines legitimate forms of street art that contribute positively to urban culture. Britain also has specific legal instruments to tackle graffti on specific surfaces like the plan of the transport secretary from 2020 which advocated, amongst other things for improving response times for graffiti removal from the transport network.lation coexists with legal protections for street art.
Netherlands:Embracing Street Art
The Netherlands takes a somewhat different approach by embracing street art while still enforcing anti graffiti laws (you can read all about it in the Graffiti and Street Art Management Policy of 2022). Dutch cities like Amsterdam have designated areas where artists can legally create murals and other forms of street art without fear of prosecution. This strategy not only beautifies urban spaces but also reduces instances of illegal tagging. These murals, graffiti and other forms of street art are often protected with professional anti graffiti coatings (like the ones by Mavro International) in order to keep street art protected from decay, but also enabling quick and easy removal if vandal graffiti are made on top of the legally allowed street art
Unauthorized graffiti remains punishable under Dutch law as criminal damage. Local authorities actively engage with communities to address concerns about vandalism while promoting legal avenues for artistic expression. The legislature against and promoting graffiti (or street art in general) in the Netherlands can also vary from city to city. This is best shown by the collaborative act of the major of Amsterdam Job Cohen who took part in painting a graffiti on the streets of Amsterdam in 2007. This collaborative approach reflects a growing recognition of street art's cultural value within Dutch society.
Anti graffiti legislation varies across the EU
Across the EU, anti-graffiti legislation varies significantly from country to country, reflecting diverse cultural attitudes towards public art and vandalism. While some nations adopt more strict punitive measures aimed at deterring illegal tagging, others seek to foster an environment where street art can flourish alongside regulations.
Finding Common Ground
As cities continue to grapple with the challenges posed by graffiti, it is essential for policymakers to engage in open dialogues with artists and communities. By finding common ground between enforcement and artistic expression, EU countries can develop more effective strategies that respect both property rights and creative freedom.
In navigating this complex landscape, it becomes clear that anti-graffiti legislation must evolve alongside societal attitudes towards urban art—balancing the need for order with the celebration of creativity in public spaces. In an ideal society street art should all be legal and vandal graffiti (defacing other people’s, companies’ and public property) shouldn’t exist, but unfortunately, in real life this will never happen to a full extent, so what we can do is promote dialogue that will allow artist to express themselves while respecting property. And in places where vandal art work is still a major issue we can hope that swift removal of unwanted graffiti and legislature can work as a deterrent.
Legal resources about anti graffiti laws in Europe
Here are links to the most credible resources we could find about anti graffiti legislation in most European countries.
Disclaimer:
– This is not a complete list of legislatures for ALL European countries.
– We tried to find the most authoritative sources (gov websites) for each country, but in many cases anti graffiti laws are interspersed through various provisions and laws (like laws about vandalism, heritage protection and so on), so it is not possible to get one singular resource that would cover all aspects of anti graffiti legislation. To get an overall view, one might need to research further, but we hope that the links below can provide a solid initial point for further research.
– Some of the resources below are not official government websites, but rather summarisations from them (caution and further investigations should be used in order to get definitive information)
– This list should not be used in order to get resources for legal advice. Always consult a certified attorney to get definitive legal advice.
– All information is presented here (no matter how reliant the source is) is subject to change and should be checked for consistency, topicality and relevance.
Links to anti graffiti legislation in Europe
*not all countries are covered:
- Dutch anti graffiti legislation
- French anti graffiti legislation
- English anti graffiti legislation
- Spanish anti graffiti legislation
- Italian anti graffiti legislation
(center for art law article) - Polish anti graffiti legislation
(Petition for systemic changes to illegal graffiti) - Slovenian anti graffiti legislation
(2 laws that cover this topic) - Croatian legislation against graffiti
- United Kingdom’s law against graffiti
- German and Austrian anti graffiti laws
- Anti graffiti laws in Belgium
- Romanian anti graffiti laws
(article with links to laws and provisions) - Anti graffiti law in the Czech Republic
(article with summarisation) Anti graffiti law in Slovakia
(paragraph 5.2 summarises the law aspect)
