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
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.