Squatting in non-residential properties

A non-residential property is any building or land that is not designed to be lived in. Simply being on another person鈥檚 non-residential property without their permission is not usually a crime. The police can take action if squatters commit other crimes when entering or staying in a property. Crimes include: causing damage when entering the property causing damage while in the property not leaving when they鈥檙e 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 Contact the police if you see someone breaking into or damaging property.

Squatters' rights to property

A long-term squatter can become the registered owner of property or land they鈥檝e occupied without the owner鈥檚 permission. Get legal advice from a conveyancer or solicitor if you鈥檙e a squatter in a property and want to claim ownership. Who can apply You can apply if you can prove: you, or a succession of squatters, have occupied the property continuously for 10 years (12 years if it鈥檚 not registered with HM Land Registry ) you (or your predecessors) acted as owners of the property for the whole of that time you (or any of your predecessors) did not have the owner鈥檚 permission, for example the property was not originally rented to a squatter If the property鈥檚 registered Fill in a form for adverse possession . Complete and sign a written 鈥榮tatement of truth鈥� , or get a solicitor to prepare this for you. Send your form and statement to the HM Land Registry Citizen Centre. HM Land Registry Citizen Centre PO Box 7806 Bilston WV1 9QR HM Land Registry will decide if your application is valid and will let the property owner know. The owner has 65 days to object - your application will usually be automatically rejected if they do. You鈥檒l be registered as the owner of the property if there鈥檚 no objection. You can apply again after 2 years if: the owner has not tried to remove you the property has not been reclaimed you鈥檙e still in possession of the property HM Land Registry will usually then register you as the owner. If the property鈥檚 unregistered Complete and sign a written 鈥榮tatement of truth鈥� , or get a solicitor to prepare this for you. Apply for first registration - include your statement with your application. HM Land Registry will: inspect the property - you must pay a fee for this decide if your application is valid let the property owner know, if they have their details You can try to come to an agreement with the owners if they object. HM Land Registry will arrange a tribunal to decide who owns the property if you cannot agree or do not want to. You may have to pay the costs of the owner, such as their reasonable legal fees, no matter what the outcome.

Stop squatters legally possessing property

HM Land Registry will tell you if squatters apply for legal ownership of your property if it鈥檚 registered - you must take action if you want to keep it. Get legal advice from a conveyancer or solicitor if squatters try to claim your property. How you block an application depends on whether your property is registered with HM Land Registry or not. Registered properties You鈥檝e 65 days to object to an application - HM Land Registry will tell you what you need to do. HM Land Registry will reject the squatters鈥� application if you鈥檝e got a valid objection. You must take action to remove the squatters and reclaim your property once the squatters鈥� claim is rejected. You will not be able to object again if you鈥檝e done nothing within 2 years of the original application and the same squatters reapply. Unregistered properties You can object to a squatter鈥檚 application. HM Land Registry will tell you what you need to do. HM Land Registry may not be able to contact you if your property is not registered . HM Land Registry will decide if your objection is valid. If it is, they鈥檒l ask if you want to negotiate with the squatters, for example offer to sell them the property. You鈥檒l be given time to do so. A tribunal will decide who owns the property if you cannot agree - HM Land Registry will arrange this.

You can remove squatters using an interim possession order ( IPO ) or making a claim for possession. Do not try to remove the squatters yourself using force or the threat of force - you鈥檙e committing a crime if you do. Get legal advice from a solicitor if you need help making a claim for possession. Interim possession orders You can only apply for an IPO if it鈥檚 been 28 days or less since you found out your property鈥檚 been squatted. Fill in an application for an IPO and send it to your local county court . The court will send you confirmation of your IPO within a few days. They will also send you documents that you must give to the squatters within 48 hours. After being served with an IPO squatters can be sent to prison if they do not: leave your property within 24 hours stay away from your property for 12 months To get final possession of the property, you must make a claim for possession. You can do this on your IPO application form or by applying online . Exceptions You cannot use an IPO if: you鈥檙e also making a claim for damages caused by the squatters - instead you should make an ordinary claim for possession you鈥檙e trying to evict former tenants , sub-tenants or licensees Claim for possession Make a claim for possession if it鈥檚 been more than 28 days since you found out about the squatters.

You may be classed as homeless if you鈥檙e squatting. Get advice from Shelter or Shelter in Wales . You can also contact your council for help. Report squatters Call the police if you: find people squatting in a residential property you own see someone breaking into anywhere think someone is squatting

Squatting and the law: Overview

Squatting and the law

Overview

Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as 鈥榓dverse possession鈥�.

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

Anyone who originally enters a property with the permission of the landlord is not a squatter. For example, if you鈥檙e renting a property and fall behind with rent payments you鈥檙e not squatting if you continue to live there.

Although squatting in non-residential building or land is not in itself a crime, it鈥檚 a crime to damage the property.

It鈥檚 usually a crime not to leave land or property when you鈥檙e instructed to do so by:

the owner
the police
the council
a repossession order

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Overview

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