Squatting
Squatting is knowingly entering a residential building as a trespasser and living there, or intending to live there. (Ref. Gov.uk Squatting and the law.)
Since September 1st 2012 squatting in residential premises is a criminal offence, punishable by a prison sentence of up to 6 months or a fine of up to £5,000. This is as a result of S 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force.
Some people consider this to be a long-overdue reform that will help end the serious problem of squatters occupying residential premises. However it does not address a similar problem in commercial premises and may, indeed, lead to more squatting taking place in such premises.
S 144 provides that a person commits an offence if:
- The person is in a residential building as a trespasser, having gained access as a trespasser.
- The person knows, or ought to know, that they are a trespasser.
- The person is living in the building or intends to do so.
A building is residential if it is '...designed or adapted, before the time of entry, for use as a place to live'. This is an important definition as it means that an offence will not be committed if such adaptation takes place AFTER the time of entry.
This means that commercial premises will be outside of the new offence, and commercial premises owners will not be able to rely upon this new legislation if faced with squatters in their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence, such as:
- Causing damage when entering the property.
- Causing damage while in the property.
- Not leaving when they’re told to by a court.
- Stealing from the property.
- Using utilities like electricity or gas without permission.
- Fly-tipping.
- Not obeying a noise abatement notice.
(Ref. Government, Squatting in non-residential properties.)
Under rare circumstances, squatters may be able to acquire legal title to land on which the are squatting. See Adverse possession for more information.
[edit] Related articles on Designing Buildings Wiki:
- Adverse possession.
- Architecture of Christiania.
- Empty dwelling management orders.
- Excluded occupier.
- Housing tenure.
- How to evict a tenant.
- Land registry.
- Property guardianship.
- Right of entry.
- Right to access land.
[edit] External references:
Featured articles and news
UCEM becomes the University of the Built Environment
Major milestone in its 106-year history, follows recent merger with London School of Architecture (LSE).
Professional practical experience for Architects in training
The long process to transform the nature of education and professional practical experience in the Architecture profession following recent reports.
A people-first approach to retrofit
Moving away from the destructive paradigm of fabric-first.
International Electrician Day, 10 June 2025
Celebrating the role of electrical engineers from André-Marie Amperè, today and for the future.
New guide for clients launched at Houses of Parliament
'There has never been a more important time for clients to step up and ...ask the right questions'
The impact of recycled slate tiles
Innovation across the decades.
EPC changes for existing buildings
Changes and their context as the new RdSAP methodology comes into use from 15 June.
Skills England publishes Sector skills needs assessments
Priority areas relating to the built environment highlighted and described in brief.
BSRIA HVAC Market Watch - May 2025 Edition
Heat Pump Market Outlook: Policy, Performance & Refrigerant Trends for 2025–2028.
Committing to EDI in construction with CIOB
Built Environment professional bodies deepen commitment to EDI with two new signatories: CIAT and CICES.
Government Grenfell progress report at a glance
Line by line recomendation overview, with links to more details.
An engaging and lively review of his professional life.
Sustainable heating for listed buildings
A problem that needs to be approached intelligently.
50th Golden anniversary ECA Edmundson apprentice award
Deadline for entries has been extended to Friday 27 June, so don't miss out!
CIAT at the London Festival of Architecture
Designing for Everyone: Breaking Barriers in Inclusive Architecture.
Mixed reactions to apprenticeship and skills reform 2025
A 'welcome shift' for some and a 'backwards step' for others.