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Squatting in non-residential buildings and land

Section 144 only covers residential buildings. For shops, offices, warehouses and empty land, different rules apply, and the owner usually has to go to court.

Last updated 2 November 2026

The offence does not apply

The squatting offence in section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 applies to residential buildings, meaning buildings designed or adapted before entry for use as a place to live. A shop, pub, office, factory, warehouse or an empty plot is not covered by that offence. Someone who occupies them is a trespasser, but trespass alone is generally a civil matter between owner and trespasser.

That has two practical results. First, the police may say they cannot act on the squatting itself. Second, the owner will often need a court order. See interim possession orders and removing squatters.

Mixed buildings

A pub with a flat above, a shop with living accommodation or a converted farm building can be partly residential. Section 7 of the Criminal Law Act 1977 gives an accused a defence where the premises are used mainly for non-residential purposes and they were not in any part used wholly or mainly for residential purposes. Whether a particular part is residential depends on what it was designed or adapted for, so a mixed building needs careful advice.

Other offences that can apply

• Criminal damage, theft of electricity, burglary or other offences can apply to individuals who break in or damage property. These are separate crimes, and the police can act on them regardless of the type of building. (We opened the squatting sections only, so check the specific offence with the police or a solicitor.)
• Section 61 of the Criminal Justice and Public Order Act 1994 applies to land. A senior police officer can direct trespassers to leave if the officer reasonably believes that two or more people are trespassing on land with the common purpose of living there, reasonable steps have been taken to ask them to leave, and either any of them has caused damage, disruption or distress (in England and Wales) or they have six or more vehicles between them. The occupier must have taken reasonable steps to ask them to leave. Failing to leave, or returning within three months, is an offence, with a maximum of three months' imprisonment, a fine up to level 4, or both. It is a defence to show the person was not trespassing or had a reasonable excuse. The section is marked as extending to England, Wales and Scotland. It is aimed at groups on land, not a single squatter in a building.

Civil routes for the owner

1. Ask them to leave in writing and keep a copy. Keep your tone calm and factual.
2. Court proceedings for possession. An owner can ask the court for possession. The ordinary route takes time. For a faster order against trespassers, see interim possession orders.
3. Bailiffs/enforcement. Only court officers (county court bailiffs, or High Court enforcement officers where permitted) can enforce a possession order.

What owners must not do

Section 6 of the Criminal Law Act 1977 makes it an offence to use or threaten violence to enter premises without lawful authority, where someone present on the premises opposes the entry and you know that. Having an interest in the property does not by itself give lawful authority to use violence. The maximum on summary conviction is six months' imprisonment, a fine up to level 5, or both. Do not break a door against resistance, threaten anyone inside or cut off services to force them out. Read police and squatters.

Protect the property

Leaving commercial property empty makes it a target. Boarding up, alarms, regular visits, keeping utilities controlled and checking your insurance policy (many exclude vacant property after a certain period) all reduce risk. The most common mistake is assuming that a squatter in an office has the same legal status as one in a house.

Squatters cannot easily gain ownership

Years of occupation can matter for land ownership, but only in the specific way described under registered land and unregistered land. Use or occupation of a few months achieves nothing in that respect.

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.

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