The legal position on commercial vs residential squatting
Non-residential (commercial) property includes any building or land that is not intended for residential use.
Residential property owners are usually in a stronger legal position. Squatting in a home is a criminal offence, so the police can act directly.
This position changed following the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which made squatting in residential buildings a criminal offence punishable by up to six months’ imprisonment, a £5,000 fine, or both.
This law does not cover commercial properties. As a result, squatters often target empty commercial buildings, where criminal prosecution is less likely.
Why commercial property owners face greater challenges
The police usually cannot remove squatters from commercial premises; in fact, property owners must be cautious, as attempting to forcibly remove squatters themselves could result in a criminal offence under the Criminal Law Act 1977.
This creates a challenging situation where commercial property owners must rely on civil legal processes to regain possession.
“When can the police take action?”
Although the police cannot typically evict squatters from commercial premises, they can intervene if other criminal offences are committed.
This may include:
Criminal damage
Theft
Anti-social behaviour
If no other offences are involved, removing squatters is usually a civil matter.
The risk of squatters gaining legal ownership over time
Squatters do not gain legal rights just by being in a property. However, they may try to claim ownership through adverse possession.
To succeed, squatters must occupy the property without permission for 10 to 12 years, depending on whether the land is registered.
It is important to act quickly if squatters are found.
Legal options for removing squatters from commercial property
If squatters are in a commercial property, landlords need to apply to the court for a possession order.
This is best done within 28 days of finding out about the occupation.
There are two main legal routes:
Summary Possession Order (SPO): proceedings are usually heard in the County Court within 5–7 days after the claim is issued
Interim Possession Order (IPO): a faster, temporary remedy designed to regain possession quickly, pending a full hearing
Both options involve court proceedings, therefore, legal assistance is necessary to make sure the right process is followed.
Preventative steps to protect commercial property
Because removing squatters can take time and cost money, prevention is usually the best approach.
Practical steps to reduce the risk of squatting include:
Securing all entry points and boarding up vacant premises
Installing alarm systems linked to security providers
Using timed lighting to create the appearance of occupation
Employing security personnel to monitor high-risk properties
These steps can help prevent unauthorised access and reduce the risk of squatting.
The financial impact on landowners
Dealing with squatters can be expensive and take time. Legal action, property damage, and loss of use can all add to the cost.
Often, these costs cannot be recovered, which puts extra pressure on property owners.
Why early legal intervention is crucial
Unfortunately, cases of commercial squatting are prevalent, so property owners should stay alert and keep an eye on their premises.
Acting quickly at the first sign of unauthorised occupation can reduce risks and limit losses.
Knowing your legal rights and having a clear plan helps protect your commercial property.
