Squatting is when someone knowingly enters a residential building as a trespasser and lives there, or intends to live there.

Squatting in residential buildings (like a house or flat) is illegal. It can lead to 6 months in prison, a £5,000 fine, or both.

A tenant who enters a property with the permission of the landlord, but who falls behind with rent payments, is not a squatter.

Although squatting a non-residential building or land isn’t in itself a crime, trespassers on non-residential property may be committing other crimes.

It’s normally a crime for a person to enter private property without permission and refuse to leave when the owner asks.

In certain circumstances, it may also be a crime if someone doesn’t leave land when they’ve been directed to do so by the police or council, or if they don’t comply with a repossession order.

A non-residential property is any building or land that isn’t designed to be lived in.

Simply being on another person's non-residential property without their permission is not usually a crime. But if squatters commit other crimes when entering or staying in a property, the police can take action against them.

These crimes could include:

• 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

Getting your non-residential property back

If you own the property that has been squatted, you can use an interim possession order (IPO) to get your property back quickly.

Court action

If you follow the right procedure, you can usually get one issued by the courts within a few days.

To get final possession of the property, you must also make an application for possession when you apply for the IPO.

Use form N130 to apply for an interim possession order and for possession.

Exceptions

You can't use an IPO if:

• you’re also making a claim for damages caused by the squatters - instead you can make an ordinary claim for possession
• more than 28 days have passed since you found out about the squatters
• you’re trying to evict former tenants, sub-tenants or licensees - instead see Private renting: evictions or Council and housing association evictions.

Once squatters are served with an IPO, they must leave the property within 24 hours. If they don't, they’re committing a crime and could serve up to 6 months in prison.

It’s also a crime for them to return to the property within 12 months.

Squatters taking ownership of a property

It’s difficult and very rare for squatters to take ownership of a property. To do this, they would have to stay in a property without the owner's permission for at least 10 years.

You may be classed as homeless if you’re squatting. Get advice from Shelter or Shelter in Wales.

You can also contact your council for help.

Report squatters

Call the police if you see someone breaking into a property or think someone is squatting a residential building, .