The legal position on squatting in the UK changed significantly in 2012. This guide explains what rights remain, the difference between residential and commercial squatting, and how eviction processes work.
The Current Legal Position
Since Section 144 LASPO came into force in September 2012:
- Residential squatting is a criminal offence
- Commercial squatting remains a civil matter
This means the situation depends entirely on the type of building involved.
Residential Buildings: Criminal Offence
Squatting in any building designed or adapted for residential use is now a criminal offence punishable by:
- Up to 51 weeks imprisonment
- Fine up to £5,000
- Or both
Police can arrest suspected squatters in residential buildings without a warrant.
What Counts as Residential?
- Houses and flats
- Bedsits and HMOs
- Buildings previously used as homes (even if currently empty)
- Above-shop flats
Commercial Buildings: Civil Matter
Squatting in commercial buildings is not a criminal offence. This includes:
- Offices and commercial premises
- Warehouses and industrial buildings
- Shops (excluding residential parts)
- Buildings never adapted for residential use
How Eviction Works
For commercial properties, owners must use civil processes:
- Interim Possession Order (IPO): Fast-track process, usually 24-48 hours for hearing
- Standard possession claim: Longer process through county court
- Peaceable re-entry: Risky option of changing locks when unoccupied
Rights That Remain
Even after criminalisation, certain protections exist:
For Former Tenants
People who were tenants but stayed after their tenancy ended are NOT covered by Section 144. They must be evicted through proper civil proceedings.
For All Occupiers
- Right not to be forcibly evicted by the owner (must use proper process)
- Protection from violence during eviction
- Right to legal representation if charged
Adverse Possession
Long-term occupation can still lead to ownership through adverse possession. However, the requirements are strict:
- 10 years for registered land (with application)
- 12 years for unregistered land
- Must be continuous, exclusive possession
- Owner can object to registered land claims
Legal Alternatives
For those seeking affordable accommodation, legal alternatives include:
- Property guardianship
- Housing cooperatives
- Social housing applications
- Shared ownership schemes
Getting Legal Advice
If you're facing housing issues or charges related to occupation:
- Advisory Service for Squatters (ASS): Specialist advice
- Shelter: General housing legal advice
- Citizens Advice: Free advice service
- Law centres: Free legal help