Squatting in a house or flat is a criminal offence in England and Wales, squatting in a shop or a field generally is not, and a person who occupies land long enough can in some cases apply to become its registered owner. The rules that decide which situation applies are often misunderstood. This guide covers England and Wales only; Scotland and Northern Ireland have separate law.
Squatting in a residential building
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 makes it an offence, in England and Wales, to be in a residential building as a trespasser having entered it as a trespasser, where the person knows or ought to know they are a trespasser and is living there or intends to live there for any period. A building is “residential” if it was designed or adapted for use as a place to live before the time of entry, and the definition of building includes temporary or moveable structures. On summary conviction the maximum penalty is 51 weeks’ imprisonment, a fine not exceeding level 5 on the standard scale, or both.
The section does not catch a person holding over after a lease or licence has ended. GOV.UK adds that a tenant who falls behind with rent and stays put is not squatting. Removing a former tenant is a separate legal process, covered in the guide to how evictions work in England.
Non-residential buildings and land
GOV.UK explains that a non-residential property is any building or land that is not designed to be lived in. Simply being on someone else’s non-residential property without permission is not usually a crime in itself, although the police can act if squatters commit other offences. The examples given include damage, theft, using electricity or gas without permission and fly-tipping. The special squatting offence is therefore limited to residential buildings.
Duties to leave when asked
Section 7 of the Criminal Law Act 1977 creates a separate offence of adverse occupation of residential premises in England and Wales. A trespasser who fails to leave when required to do so by or on behalf of a displaced residential occupier or a protected intending occupier commits an offence, with a maximum of six months’ imprisonment, a fine not exceeding level 5 or both. There are defences, including a genuine belief that the person making the request was not such an occupier. GOV.UK also notes that it is usually a crime not to leave land or property when instructed by the owner, the police, the council or under a repossession order.
Why owners must not use force
Owners are often tempted to change locks or force entry. Section 6 of the Criminal Law Act 1977 makes it an offence, without lawful authority, to use or threaten violence to secure entry to premises where someone is present who opposes the entry, and the offender knows this. Having an interest in the premises, including ownership, does not in itself count as lawful authority, although the section exempts displaced residential occupiers and protected intending occupiers acting for themselves or through others. GOV.UK’s advice is blunt: do not try to remove squatters using force or the threat of force, because that is a crime.
Lawful ways to remove squatters
GOV.UK describes two court routes. An interim possession order (IPO) can be sought only if it has been 28 days or less since the owner found out about the squatting. The application goes to the local county court, the court sends confirmation within a few days, and the papers must be given to the squatters within 48 hours. After service, squatters can be sent to prison if they do not leave within 24 hours or if they return within 12 months. An IPO cannot be used where the owner is also claiming damages, or where the occupiers are former tenants, sub-tenants or licensees. After 28 days, or where an IPO is unavailable, the route is an ordinary claim for possession.
Adverse possession: when a squatter can claim ownership
Separately from the criminal law, GOV.UK explains that a long-term squatter can in some cases become the registered owner of land. The applicant must show continuous occupation for 10 years, or 12 years if the land is not registered with HM Land Registry, acting as the owner throughout and without the owner’s permission. For registered land the owner is told of the application and has 65 days to object, after which the application is usually rejected automatically. The squatter can reapply after two years if the owner has not tried to remove them and they remain in possession, and an owner who did nothing in that time cannot object again. The related guide on boundary disputes covers another way land ownership is contested.
FAQs
Is squatting in an empty house a crime?
If the building is residential, yes: section 144 of the 2012 Act creates the offence in England and Wales. For non-residential property, GOV.UK says being there without permission is not usually a crime by itself.
Can I change the locks while squatters are out?
Owners should take legal advice first. Using or threatening violence to secure entry is an offence under section 6 of the Criminal Law Act 1977 where someone inside opposes it, and GOV.UK warns against using force.
How long does adverse possession take?
GOV.UK gives 10 years of continuous occupation for registered land and 12 years for unregistered land, plus the other conditions that must be proved.
The bottom line
In England and Wales, squatting in a residential building is a specific criminal offence, squatting in other property is generally a civil matter unless other crimes occur, and owners must use the courts rather than force to regain possession. Long occupation can lead to an ownership claim through HM Land Registry. Anyone affected should take advice from a solicitor. This is general information, not legal advice.
Sources
- GOV.UK, “Squatting and the law”
- legislation.gov.uk, “Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144: Offence of squatting in a residential building”
- legislation.gov.uk, “Criminal Law Act 1977, section 6: Violence for securing entry”
- legislation.gov.uk, “Criminal Law Act 1977, section 7: Adverse occupation of residential premises”