Squatting remains one of the most stressful situations a property owner can face. Whether you own a single residential property or manage a portfolio of commercial buildings, understanding the law around squatters' rights in England and Wales is essential. The legal framework has changed significantly in recent years, and the rules are different depending on the type of property involved. This article sets out the current position so you can act quickly and appropriately if the situation arises.
Residential Squatting: A Criminal Offence
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) changed the landscape for residential properties. Section 144 of the Act made it a criminal offence to squat in a residential building. This means that anyone who enters a residential property as a trespasser and lives there, or intends to live there, knowing that they are a trespasser, commits a criminal offence. The maximum penalty is six months in prison, a fine of up to five thousand pounds, or both.
Before LASPO came into force in September 2012, squatting in any type of building was treated as a civil matter. The change was driven by high-profile cases where homeowners returned from holiday to find squatters in their property and faced a lengthy legal process to remove them. The criminal provision gives police the power to arrest squatters in residential buildings, which means removal can happen within hours rather than weeks.
A residential building is broadly defined. It includes any structure or part of a structure designed or adapted for use as a place to live. This covers houses, flats, and residential parts of mixed-use buildings. However, it does not extend to commercial properties, which remain subject to different rules entirely.
Commercial Squatting: Still a Civil Matter
Squatting in a commercial property, such as an office building, warehouse, shop, or factory, remains a civil matter. The police generally will not intervene to remove squatters from commercial premises unless a separate criminal offence has been committed, such as criminal damage during entry.
This distinction is critical for owners of commercial buildings. If squatters occupy a commercial property, the owner must go through the courts to regain possession. The process typically involves applying for an Interim Possession Order (IPO) or a standard possession order. An IPO can be granted within a matter of days if the right conditions are met, but even then, it requires a solicitor, a court hearing, and enforcement by bailiffs if the squatters refuse to leave.
During the time it takes to secure a possession order, squatters can cause substantial damage. Internal fixtures may be stripped, waste may accumulate, and the building can deteriorate rapidly. For property owners with redevelopment plans, this can cause significant delays and additional costs.
Adverse Possession: A Longer-Term Risk
Adverse possession is a separate legal concept that allows a person who has occupied land without the owner's permission to eventually claim legal ownership. Under the Land Registration Act 2002, a squatter can apply to be registered as the owner of registered land after ten years of continuous occupation. The Land Registry will then notify the existing registered owner, who has two years to object and take steps to recover the land.
For unregistered land, the rules under the Limitation Act 1980 still apply. A squatter who has been in continuous adverse possession for twelve years can extinguish the original owner's title and claim the land.
Adverse possession claims are relatively rare for buildings, but they do occur, particularly with unused parcels of land, boundary disputes, and properties where ownership is unclear or the owner is absent. The key takeaway for property owners is that leaving land or buildings unattended for extended periods without any assertion of ownership creates a potential risk, however remote.
How to Evict Squatters Legally
The eviction process depends on whether the property is residential or commercial.
Residential properties. Because squatting is a criminal offence, you should call the police. Officers have the power to arrest squatters under Section 144 of LASPO. You will need to demonstrate that you are the owner or have the right to occupy the property. Bring documentation such as title deeds, a mortgage statement, or a tenancy agreement. In most cases, the police can deal with the situation relatively quickly.
Commercial properties. You will need to apply to the county court for a possession order. The fastest route is an Interim Possession Order. To apply, you must have had an immediate right to possession when the squatters entered, and you must apply within 28 days of becoming aware of the occupation. Once granted, the squatters have 24 hours to leave, and it becomes a criminal offence for them to return within 12 months. If an IPO is not available, a standard possession order will be needed, which takes longer.
Regardless of the situation, never attempt to forcibly remove squatters yourself. Self-help evictions carry legal risks, and using or threatening violence to enter a property is itself a criminal offence under the Criminal Law Act 1977.
Prevention: The Most Effective Strategy
Removing squatters is disruptive, expensive, and time-consuming. Prevention is always more effective and less costly. The following measures substantially reduce the risk of squatter occupation.
Occupy the building. Property guardians are one of the most effective deterrents against squatters. By placing vetted, DBS-checked individuals in a vacant building under a licence agreement, you maintain a continuous human presence. Guardians live on-site, deter unauthorised entry, and report any suspicious activity immediately. For buildings that will be vacant for three months or more, a guardian scheme is often the most practical and cost-effective solution.
Visible security presence. Security personnel, whether through static guarding, mobile patrols, or a combination, provide a visible deterrent. Even regular mobile patrols at unpredictable intervals make a property significantly less attractive to potential squatters. An SIA-licensed security officer on-site sends a clear message that the property is actively monitored.
Physical security measures. Secure all access points with steel screens or shutters on windows and doors. Change all locks and use high-security hardware on external doors. Maintain perimeter fencing in good condition. Remove anything near the building that could be used to gain access to upper floors.
Technology and monitoring. CCTV with remote monitoring, intruder alarms, and motion-activated lighting all contribute to deterrence and early detection. If someone does attempt to enter the property, monitored systems ensure a rapid response before occupation can become established.
Regular inspections. Visit the property regularly and document each visit. Check for signs of attempted entry, broken locks, damage to boarding, or unfamiliar items near the building. Regular inspections not only help with early detection but also demonstrate to a court or insurer that you have been actively managing the property.
Why Speed Matters
The single most important factor in dealing with squatters is speed. The longer squatters remain in a property, the more established their occupation becomes, the more damage they can cause, and the more complicated removal can be. If you discover squatters in a residential property, contact the police immediately. If they are in a commercial property, instruct a solicitor the same day.
Speed also matters in prevention. The first 48 hours after a property becomes vacant are when it is most vulnerable. Security measures should be in place before the last occupant leaves, not after. If you know a property is going to be empty, plan your security arrangements in advance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Squatter situations can involve complex legal issues, and you should always seek professional legal advice tailored to your specific circumstances.
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