Last reviewed: May 2026
Key facts:- Squatting in residential property has been a criminal offence in England and Wales since September 2012 under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
- Squatting in non-residential property (commercial or industrial buildings, vacant land) remains a civil matter, not a criminal one, and is dealt with through the county court.
- Adverse possession of registered land requires 10 years of factual possession and intention to possess, with the legal owner having a right to object and reclaim possession.
UK Housing Rights Hub › Squatters Rights Uk
The phrase squatters rights covers two quite different legal concepts in the UK. Squatting itself - occupying property without the owner permission - has been criminalised in residential premises since 2012 but remains a civil matter in commercial premises. Adverse possession is the separate doctrine that lets long-term possessors of land potentially become the legal owner. This guide explains the criminal offence, the civil remedies, and how adverse possession works under the Land Registration Act 2002.
Criminal Offence - Section 144 LASPO 2012
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 made it a criminal offence to enter or remain in a residential building as a trespasser. The offence applies whether the building is occupied, partially occupied or empty.
The maximum penalty is six months imprisonment or a fine of up to 5,000 pounds, or both. The police can arrest squatters and the court can issue an immediate order for the property to be returned to the owner.
A residential building is defined broadly. It includes structures designed or adapted for use as a place to live, even if not currently occupied. Outbuildings, garages and gardens attached to a dwelling are also covered. Empty residential property that has been on the market or out of use can therefore still attract the criminal offence.
Non-Residential Squatting - Still Civil
Squatting in non-residential premises - commercial buildings, warehouses, industrial units, vacant office space and open land - is not a criminal offence. The owner must use civil remedies through the county court.
The most common civil remedy is an Interim Possession Order, issued under Part 55 of the Civil Procedure Rules. An IPO can be obtained quickly and requires the squatters to leave within 24 hours of service. Breach of an IPO is a criminal offence.
Where an IPO is not available, the standard route is a possession claim against persons unknown. The court issues an order and, if needed, bailiffs enforce it. The process typically takes four to eight weeks from issue to enforcement.
Adverse Possession Under the Land Registration Act 2002
Adverse possession is the legal doctrine that lets long-term possessors of land potentially become the registered owner. The doctrine is separate from the criminal squatting offence and from civil trespass remedies.
Under the Land Registration Act 2002, an adverse possessor of registered land can apply to be registered as proprietor after 10 years of factual possession and intention to possess. The application is made to HM Land Registry.
The legal owner has the right to object. If the owner objects within 65 business days, the application is rejected unless one of three statutory exceptions applies (estoppel, some other reason, or a boundary case). The owner then has two years to take possession back through the courts before the squatter can re-apply.
Defending Against Adverse Possession
The simplest defence is to take possession back within the first 10 years. Possession can be retaken by physically reclaiming the land, issuing a possession order through the court, or granting a tenancy or licence to the occupant (which converts adverse possession into permitted occupation and resets the clock).
Where an adverse possession application is received from Land Registry, the owner must respond within the 65 business day window. Failure to respond can lead to the squatter being registered as proprietor.
Boundary disputes are a common scenario for adverse possession. Where a neighbour has fenced in a small strip of land for many years, an adverse possession claim may eventually succeed. Boundary cases have specific provisions in Schedule 6 to the Land Registration Act 2002.
Unregistered Land and 12-Year Adverse Possession
Most land in England and Wales is now registered, but some unregistered land remains. The Limitation Act 1980 still applies to unregistered land, giving a 12-year limitation period after which the legal owner loses the right to take possession through the court.
After the 12 years, the squatter can apply to be the first registered proprietor of the land. This is different from the 10-year rule for registered land. Unregistered land squatting is much rarer in practice but still occurs in remote rural areas and old industrial sites.
The boundary between registered and unregistered land is shown on HM Land Registry maps. Anyone considering adverse possession should first check the registration status to understand which regime applies.
Practical Steps for Property Owners
Visit and inspect regularly. Properties that are not regularly inspected are more vulnerable to squatting. A monthly inspection (in person or by an agent) discourages squatters and quickly identifies any unauthorised occupation. Keeping a record of inspections supports any later civil or criminal action.
Secure entry points. Squatters need physical access. Locked doors, secure windows, alarmed properties and CCTV monitoring all act as deterrents. Properties that have been vacant for an extended period should be secured to commercial-grade standards.
Use property guardians. For long-term vacant commercial property, property guardian schemes provide low-cost occupation by paying residents. The guardians live in the property under licence and discourage squatters. The legal framework for property guardians is complex but well established.
Report squatters immediately. For residential squatters, the police can act on the criminal offence under section 144 LASPO 2012. For commercial squatters, the owner must use civil remedies. Either way, prompt action is better than delay because adverse possession or established occupation are harder to undo later.
Where to Get Free Independent Help
Shelter is the leading housing charity in the UK and provides free advice on squatters rights uk. The Shelter website at shelter.org.uk has detailed guides covering tenancy rights, eviction, repairs and homelessness. Shelter also operates phone and webchat services for urgent housing issues.
Citizens Advice runs a national housing advice service alongside Shelter. Local Citizens Advice offices can help with form-filling, deposit disputes, possession proceedings and other housing issues. Citizens Advice has the advantage of being able to deal with related issues (benefits, debt) at the same time.
The Housing Ombudsman handles complaints about social landlords - councils and housing associations. Where a tenant is unhappy with their social landlord, the Ombudsman is the independent route after the landlord internal complaints procedure has been exhausted.
Local council homelessness teams have duties under the Housing Act 1996 to help people who are homeless or threatened with homelessness. Anyone facing imminent loss of accommodation should approach the council homelessness team for an assessment and help with rehousing.
The county court handles formal possession proceedings. Court-administered free advice schemes operate at many county courts for unrepresented tenants facing possession claims. The Housing Possession Court Duty Scheme provides free legal advice at court on the day of the hearing.
For specific tenancy disputes, the First-tier Tribunal (Property Chamber) handles complaints about service charges, leasehold issues and rent assessment. The tribunal is free for many applications and is designed to be accessible to litigants in person. The gov.uk property tribunal pages explain the process.
Putting It All Together
The rules above set out the legal framework, the practical steps and the support routes available. Where the situation is straightforward, the gov.uk pages and the official tools should be enough to act on. Where the situation is more complex, the free advice services listed in the previous section can usually clarify the position and identify the right next step. Many issues that look intractable at first turn out to be resolvable once the right service is engaged.
Keeping written records of communications and decisions throughout is good practice. Where a decision needs to be challenged later - through an internal complaint, an ombudsman, a tribunal or a court - the quality of the contemporaneous record often decides the outcome. Dates, names, reference numbers and copies of correspondence are the building blocks of any later dispute. The gov.uk advice pages and the relevant ombudsman or tribunal websites all set out the evidence they consider when reviewing decisions, and gathering that evidence from the start is one of the most effective protections available.
Frequently Asked Questions
Is squatting illegal in the UK?
Squatting in residential property has been a criminal offence in England and Wales since 2012. Squatting in commercial property remains a civil matter dealt with through the county court.
Can squatters get the legal title to a property?
Yes, through adverse possession, but only after 10 years of factual possession of registered land (12 years for unregistered land) and only if the legal owner does not successfully object.
How quickly can I remove squatters from my property?
From residential property: the police can act immediately on report of the criminal offence under section 144 LASPO 2012. From commercial property: an Interim Possession Order can be obtained within days through the county court.
Does Scotland have the same laws?
No. Scotland has separate land law and tenancy law. Squatting in Scotland is generally a matter of civil trespass under common law. There is no equivalent of the section 144 LASPO offence.
Can a squatter claim ownership of a house I am renting out?
Adverse possession requires the legal owner not to be in possession. A rented house is in the possession of the tenant on behalf of the landlord. A squatter occupying without consent is excluded from the property; a tenancy granted between landlord and tenant defeats any adverse possession claim.
What is an Interim Possession Order?
A court order under Part 55 of the Civil Procedure Rules that requires squatters to leave commercial premises within 24 hours of service. Breach is a criminal offence. It is the fastest legal route for commercial owners.
Can a tenant become a squatter when their tenancy ends?
If a former tenant stays after the tenancy ends without permission, they are usually classified as a tenant holding over rather than a squatter. The landlord must follow the standard eviction process (Section 8 or Section 21) rather than the squatting framework.
Is squatting legal in Scotland?
Squatting in Scotland is dealt with as civil trespass under common law. The owner can apply for an interdict (injunction) to remove the squatter. The criminal offence under section 144 LASPO does not apply in Scotland.
Can I be prosecuted for squatting if I genuinely thought the property was abandoned?
Belief that a property is abandoned is not a defence under section 144 LASPO 2012. The offence is committed by entering or remaining in a residential building as a trespasser. The owner permission is the relevant test.
Do squatters have human rights protection?
Limited. Article 8 of the European Convention on Human Rights protects the home, but squatting itself is not a protected right. The criminal offence under section 144 LASPO 2012 was upheld as compatible with the ECHR.
How We Verified This
Information is taken from section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on legislation.gov.uk, the Land Registration Act 2002 Schedule 6 on adverse possession of registered land, the Limitation Act 1980 on unregistered land, the Civil Procedure Rules Part 55, and the gov.uk eviction guidance pages.