Squatter › Squatting in residential buildings: section 144
Squatting in residential buildings: section 144
Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012, squatting in a home in England and Wales is a criminal offence, not just a civil matter.
What the law says
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) makes it an offence if all three of these apply:
- the person is in a residential building as a trespasser, having entered it as a trespasser;
- they know or ought to know that they are a trespasser; and
- they are living in the building, or intend to live there for any period.
The offence applies in England and Wales. The Act does not extend it to Scotland or Northern Ireland: see Scotland and Northern Ireland.
What counts as a "residential building"?
The Act defines a "building" to include any structure or part of a structure, including a temporary or moveable one. A building is "residential" if it was designed or adapted, before the time of entry, for use as a place to live. That means:
- A house, flat or bungalow is residential, whether or not someone currently lives there.
- A building that was designed or adapted as a home before the squatter entered it can be residential even if it is empty or for sale.
- A shop, office or factory is not residential just because someone sleeps in it. See non-residential buildings.
What was done to the building before the entry is the test. Moving a bed into an office does not turn the office into a residential building under this definition.
The penalty
On summary conviction, in the magistrates' court, the maximum is 51 weeks' imprisonment, a fine not exceeding level 5 on the standard scale, or both. (For offences committed before the relevant Criminal Justice Act 2003 provision came into force, the 51 weeks is read as 6 months.)
Who is not committing the offence?
The Act has one express exception. A person is not guilty if they are holding over after a lease or licence ends, even if they leave and re-enter the building. This matters to tenants and former occupiers: a tenant who stays after the tenancy has ended is not committing a s144 offence. The landlord has to follow the legal route to possession. See tenants and squatters.
Two further points from the section:
- Someone who gets in through a title or permission derived from a trespasser is still a trespasser. A squatter cannot make a sub-let legitimate.
- It does not matter whether the trespassing entry happened before or after the section came into force.
Police powers
The section amended the Police and Criminal Evidence Act 1984 so that police can enter premises to arrest someone for this offence. That is why a residential squatting report is treated as a crime and not just a "civil matter". See police and squatters for how the sections fit together, including the Criminal Law Act 1977 protections for displaced residential occupiers and protected intending occupiers.
What it does not do
- It does not cover non-residential property.
- It does not remove the owner's civil right to ask a court for possession. Where an offence is not made out, or you want a court order, see removing squatters.
- It does not itself say anything about adverse possession. We did not find an official source on how a conviction affects a claim by a squatter on land, so take advice if that is your question. See adverse possession of registered land.
If you think you are a victim
If you own or rent a home and someone has moved in without permission, call the police and say the building is residential and squatters are living in it. Have proof of ownership or your tenancy to hand. Do not use force to get in; section 6 of the Criminal Law Act 1977 makes violence or threats to enter an offence, unless you are a displaced residential occupier or protected intending occupier.
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.