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] Find out more
[edit] Related articles on Designing Buildings Wiki:
- Adverse possession.
- Architecture of Christiania.
- Housing tenure.
- Land registry.
- Property guardianship.
[edit] External references:
Featured articles and news
IHBC book review: Charles Barry’s monumental struggle to rebuild the Houses of Parliament.
Read about RSHP's British Museum extension which has been shortlisted for the 2017 Stirling Prize.
Read our introductory article to building a house extension.
More updates from DCMS about the large-scale testing of cladding systems and the number of buildings affected.
UandI secure resolution to grant planning consent for major new regeneration project.
Infrastructure and the historic environment
IHBC article considers how heritage is dealt with when infrastructure schemes are authorised.
It was the tallest structure in the world for 3,800 years, but to this day the exact construction techniques are a mystery.
Shortlist for the industry's most coveted award announced.
Government responds to Mark Farmer's review of industry, rejecting the call for a levy on clients.
Peter Hansford to examine what wider lessons can be learned from the fire.
Every project is subject to uncertainty. How can construction better understand uncertainty for performance improvement?
MAD Architects reveal their designs for a futuristic campus for electric car manufacturer.
Homebuyers could borrow more with better forecasting of energy bills, according to industry consortium's new report.
Grenfell Tower articles updated daily
