Squatter › Police powers and squatters
Police powers and squatters
The police can act on some squatting but not all of it. This page explains the legal tools they have and when "it is a civil matter" is right.
Residential squatting: section 144
The offence in section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 lets police treat living in a residential building as a trespasser as a crime in England and Wales. The section also amended the Police and Criminal Evidence Act 1984 so that police can enter premises to arrest for this offence. For the full test, see squatting in residential buildings.
What helps the police act: proof that the building is a home (a title register, tenancy agreement, council tax or utility bills), evidence that the occupiers have no permission, and evidence that they are living there. What makes it harder: any suggestion that the occupiers have a tenancy, a licence or permission, or that they are holding over after a lease ended. The Act says holding over after a lease or licence ends is not squatting. Police are likely to say it is a civil matter in that case.
Displaced residential occupiers and protected intending occupiers
Part II of the Criminal Law Act 1977 gives special protection to two groups.
- A displaced residential occupier is someone who lived in premises as their home and was then shut out by a trespasser. They keep that status for as long as they remain shut out. Someone who was themselves trespassing when shut out does not qualify.
- A protected intending occupier is, under section 12A, an individual who holds a freehold or a lease with at least two years left to run, or a tenancy or licence from such a person, needs the premises as their residence, has been excluded by a trespasser, and holds the required witnessed written statement (signed in front of a justice of the peace or commissioner for oaths). Tenants of certain public or social landlords instead need a certificate from the landlord authority.
Section 7 of the 1977 Act makes it an offence for a trespasser who entered premises to fail to leave on being required to do so by a displaced residential occupier or protected intending occupier (or someone acting for them). The accused has a defence if they believed the person asking was neither of those, or if the premises are mainly non-residential and they were not in any part used wholly or mainly for residential purposes. The maximum on summary conviction is six months' imprisonment, a fine up to level 5, or both. If an accused is prosecuted after being asked to leave by someone claiming to be a protected intending occupier, they have a defence if that person did not produce the required statement or certificate when asked.
Owners using force
Section 6 of the 1977 Act makes it an offence to use or threaten violence to enter premises without lawful authority, if someone on the premises opposes the entry and you know it. Having an interest in the premises is not enough by itself. The exception covers displaced residential occupiers, protected intending occupiers and people acting for them. The offence carries up to six months' imprisonment, a fine up to level 5, or both. See removing squatters.
Groups on land: section 61
Section 61 of the Criminal Justice and Public Order Act 1994 allows a senior police officer to direct trespassers to leave land. See the conditions on the non-residential page. It does not apply to a lone squatter in a building. It is marked as extending to England, Wales and Scotland.
After an interim possession order
Section 76 creates offences for trespassing after an order is served. See interim possession orders.
What to tell the police
- Say clearly: "This is a residential building and there are people living in it without permission."
- Give your name and your connection to the property, with proof if possible.
- Say when you found out and what you have seen.
- Ask for a crime reference number.
- If they refuse to act, ask what they need to act and whether they consider it a civil matter, and keep notes.
Do not rely on the police alone
If the police decline, you may still need a civil route through the courts. A solicitor can advise.
This is general information about the law in the UK, not legal advice. Property law is technical, rules differ between England and Wales, Scotland and Northern Ireland, and the facts of your case matter. Check the official sources linked on this page and speak to a solicitor, Citizens Advice or Shelter before you act. Last checked November 2026.
Sources
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144 (legislation.gov.uk)
- Criminal Law Act 1977, section 12: interpretation (legislation.gov.uk)
- Criminal Law Act 1977, section 12A: protected intending occupiers (legislation.gov.uk)
- Criminal Law Act 1977, section 7: adverse occupation of residential premises (legislation.gov.uk)
- Criminal Law Act 1977, section 6: violence for securing entry (legislation.gov.uk)
- Criminal Justice and Public Order Act 1994, section 61 (legislation.gov.uk)
- Criminal Justice and Public Order Act 1994, section 76: trespassing after an interim possession order (legislation.gov.uk)