Is Squatting Illegal in the UK

Is squatting illegal in the UK? What can you do if you find squatters on your property, or prevent them from taking up residence? We will go through everything that a landlord needs to know in order to protect their property and how to handle squatters legally.

Here at South West Gas Services we offer industrial and commercial, as well as domestic and oil services, to those who need it. If you want to learn about squatters, squatter’s rights and more, just keep reading.

Steps You Can Take to Prevent Squatters in Your Properties

Luckily, there are a number of things that you can do to stop squatters from taking up residence in your empty property. We would all rather prevent having to deal with this issue in the first place, so taking measures to deter potential squatters can go a long way.

Depending on where the property is and how close you are to it, keeping squatters can be difficult or surprisingly easy. If you live nearby, you can do everything yourself if you like, but if you like far away, then there are additional issues to think of – but these can be resolved by hiring a company to do property management for you.

Let’s see what you can do to deter squatters from entering your property:

CCTV – install CCTV on the property and do it in a way that people will notice. Putting up stickers or signs that let people know that the property is being monitored will discourage illegal entry.
Intruder Alarms – installing intruder alarms will have a similar effect as CCTV. Again, put up signs and stickers to let people know that there are alarms in place, and they will think twice before squatting.
Visit the Property Regularly – you should make a point to check in on your property frequently to ensure that it doesn’t look unoccupied or neglected by anyone. If you can, you should also ask your neighbours to keep an eye out and report any kind of suspicious activity.
Maintain the Property Grounds – overgrown hedges and lawns suggest that a property is being neglected and is vacant, which is practically advertising that it’s available to squatters. Maintain the lawns and grounds, and the chances of squatters taking up residence is decreased.
Use Warning Signs and Visible Deterrents – if you don’t want to go through with actually installing CCTV, then you can use dummy cameras and warning signs such as “no trespassing” or “CCTV in operation” to deter anyone who might be considering breaking in.
Employ a Company to do Property Management – employing a company to do all the work for you could be the smart thing to do if you live far away. Hire people to carry out regular checks and maintenance on your property, and they will manage it all for you.

It’s important to take care of your property and always remain vigilant, as well as ask neighbours and surrounding houses to keep their eyes peeled, too. Nobody will want people squatting in a house in their neighbourhood, so make a point to ask people to help you with protecting your property, and most people will be more than willing.

So, is squatting illegal in the UK? There are two answers to this – yes and no.

In Scotland, squatting is a criminal act under the Trespass Act 1865. However, in the rest of the UK, it is not illegal in itself provided you are not squatting in a residential building. With that being said, if squatters steal, damage property, or commit other offences, their behaviour will be punished under general criminal law and the police are allowed to take action against them.

That might make it sound like squatters can choose to take up residence anywhere they like and stay there, but this is not the case. Property owners have legal rights and can take their property back, but this needs to be done correctly – because there are squatter’s rights, too.

Can Police Remove Squatters?

Police can only remove squatters if they have committed a crime, such as property damage. However, they do not have the right to remove squatters from your property immediately.

What Rights do Squatters Have in the UK?

Squatters who reside in a registered property consecutively for 10 years can apply to be registered as the owner of the land or property. The timeframe is 12 years for an unregistered property.

So, if you, or a succession of squatters, have continuously lived in a property for 10–12 years, you can apply to own said property. You must have acted as the owner of the property for the duration of that time, and didn’t have the owner’s permission to be there.

What to do if You Find Squatters

The first thing to remember if squatters have taken up residence in one of your properties is that you should not panic – you need to follow the right legal steps in order to remove them from the location. To do this, you should:

Gather Necessary Evidence – you will need to document the squatter’s presence. Take photos that show any damage that has been done and all the evidence of squatters taking up residence in the property. You can also go to neighbours to get witness statements.
Call the Police – get in touch with police to arrest any squatters who have vandalised or caused damage to the property. Remember that police might not immediately be able to remove them, though.
Get Legal Advice – go to a solicitor with your evidence and ask them to send a formal notice that orders the squatters to leave the property within 24 hours.
Seek an Eviction – if the squatters have chosen to stay in the property after getting a notice from the solicitor, then you can apply for a court order of possession in order to enforce their eviction. Remember that this can get messy when eviction time comes around.
Get Enforcement Agents – once you have a possession order, you can hire the appropriate certified agents to carry out the removal of the squatters legally.
Swap the Locks – as soon as the squatters have been removed, you need to change the locks on the property to secure it. You are not allowed to change the locks while they are still inside the property.
Repair Any Damages – if any damage has been done, you will need to get it repaired. You can claim for any loss you’ve suffered while the squatters were on the property, which can help you on your way. Be sure to also upgrade security, including windows and any other entry points into the property.

Never try to take issues into your own hands if you suspect that squatters are staying on your property. Be cautious and do everything legally to ensure that you stay safe and out of trouble, and so the issue is dealt with and finalised quickly. You are not allowed to use force to remove squatters from your land, as this can result in illegal eviction and harassment charges.

Final Thoughts

Squatting can be a challenging thing to deal with as a property owner, but there are steps to take to discourage squatting. If people are living on your property without permission, then there are also legal measures to take in order to get them out – you are not allowed to force them out.

The question “is squatting illegal in the UK” has two answers – yes and no. Hopefully this article helped, and you now know how to handle squatters if they ever take up residence in your property.

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