Squatter Prevention and Legal Responsibilities for UK Property Owners

Squatter-Prevention-for-UK-Property-Owners

Squatting is more than an inconvenience. For owners, it can lead to legal costs, reputational damage, major repair bills, insurance complications, and months of lost value.

The biggest misconception is that squatters can simply be “thrown out.” In many situations, the law protects illegal occupiers until a lawful eviction has been carried out.

This guide explains what counts as squatting, how UK law differs between residential and commercial vacant buildings, and how to prevent costly occupation before it starts.

What Counts as Squatting in the UK?

A person is squatting if they:

  • Enter a property without permission
  • Live there or intend to live there
  • Do not have a legal tenancy, lease, or licence to occupy

Squatting is not the same as trespassing. Trespass may be a short, unauthorised visit, for example someone wandering onto land. Squatting means ongoing occupation, and the law treats it much more seriously.

Common forms of squatting include:

  • Occupying empty homes between tenancies
  • Breaking into closed shops or disused commercial units
  • Staying after a tenancy agreement is terminated
  • Occupying unused public buildings such as schools or community centres
  • Using vacant land or warehouses for camps or illegal activities

Squatting vs Tenants Who Will Not Leave

There is a crucial distinction:

  • A squatter has never had permission to live in the property.
  • A tenant who refuses to leave after permission ends must be evicted through civil processes under the Housing Act.

This includes people:

  • Whose tenancy has ended
  • Who have stopped paying rent
  • Who are already in the eviction process

These cases fall under civil eviction, not squatting legislation, and they require different legal steps.

Squatting in Residential Property Is a Criminal Offence

Since 2012, squatting in residential buildings in England and Wales is a criminal offence. The police can:

  • Enter the building
  • Arrest occupiers
  • Remove them without a court order

The law applies to:

Type of Building Covered?
Houses & Flats  ✔ Yes
Residential Blocks ✔ Yes
Residential Sections of Mixed Use✔ Yes
Holiday Homes✔ Yes
Care Homes ✔ Yes

Police will not act if:

  • There is a dispute about tenancy, for example former tenants
  • Someone claims they lived there with permission, even informally

These cases require civil eviction.

Related reading: “Vacant Property Security for Landlords”

Squatting in Commercial Buildings Is Usually a Civil Matter

This is where many owners are caught out:
It is not usually a criminal offence to squat in commercial property.

Police often refuse to act because it is a civil dispute, even if a break-in occurred.

  • It is not usually a criminal offence to squat in commercial property.
  • Police often refuse to act because it is a civil dispute, even if a break-in occurred.

Covers:

  • Shops and retail units
  • Offices
  • Warehouses
  • Empty pubs and restaurants
  • Industrial sites
  • Disused public buildings

Police involvement only applies when:

  • Criminal damage has occurred, for example broken doors or windows
  • Theft, burglary, or vandalism is taking place
  • Violence or threats are involved

Even then, eviction typically requires a court order. This can take days or weeks.

Related article: “Securing Empty Commercial Units”

How to Legally Remove Squatters

If the building is residential

  1. Call the police and report criminal squatting.
  2. Provide documentation proving ownership or control.
  3. Police may issue a Section 144 notice and remove occupiers.
  4. Secure the property immediately to protect insurance cover.

If the building is commercial

  1. Contact a solicitor who specialises in possession claims.
  2. Apply for a Claim for Possession under CPR 55.
  3. The court issues a possession order, often within 24 to 72 hours.
  4. High Court Enforcement Officers enforce removal.
  5. Complete security upgrades after removal, as insurers often require this.

Note: Land and open spaces follow commercial eviction rules.

The Hidden Costs of Squatting

Eviction is only part of the financial impact. Typical losses from a 4 to 8 week occupation:

Cost Type  Estimated Loss
Legal fees   £2,000–£8,000
Clean-up & waste removal£500–£5,000
Damage & reinstatement£2,000–£25,000+
Insurance premium increases£500–£3,000/year
Lost rental income£1,000–£15,000+
Temporary security post-eviction£500–£3,000

Total: £6,500 to £54,000+
Large commercial sites can exceed six figures.

Insurance Liability: When Squatters Become Your Problem

Many owners do not realise this: if squatters injure themselves on unsafe premises, you may still be liable unless you took reasonable security measures.

Forget the idea that “it is their fault for breaking in.” Courts look at whether an owner failed to secure a foreseeable hazard.

Insurers may refuse claims if:

  • Doors or windows were not adequately secured
  • Access points were not boarded or screened
  • No alarm or CCTV system was active
  • Void inspections were not logged and documented

See: “Insurance Requirements for Vacant Properties: What Your Policy Really Expects”

How Squatters Gain Access

Entry MethodPrevention
Forced window/doorSteel security screens
Rooftop entryAnti-climb measures, roof alarms
Back service doorsReinforced door plates, padlocks
Broken locksAccess control with steel-reinforced doors
Open land accessPerimeter fencing, CCTV towers

Blocking only the front door is not enough. Squatters often enter from the least visible side of the building.

The Most Effective Squatter Prevention Measures

  1. Steel security screens and doors
  • Cannot be cut or kicked through like plywood
  • Preferred by insurers
  • Block forced entry without damaging frames

Related article: Steel Screens Explained

  1. Remote CCTV towers and live audio warnings
  1. Regular, logged inspections
    A quick weekly walk-through is not enough. Insurers expect:
  • Time-stamped photos
  • Log sheets or digital records
  • Documentation of hazards, waste removal, and utility checks
  1. Environmental monitoring
    Detects smoke, leaks, and humidity before squatters or weather cause major damage.
  2. Post-eviction emergency guarding
    Insurers often require 24-hour guarding immediately after removal until physical reinforcements are installed.

Prevention Is Cheaper than Eviction

Squatting laws protect buildings and people. Owners who rely on “common sense” instead of compliance often face avoidable court delays, rejected insurance claims, long-term damage, and bad publicity, especially for public buildings.

Security is not only about keeping people out. It is also about proving you did everything reasonably expected to protect your asset.

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