Squatters Rights & Removing Squatters
from Your Property
Squatting in residential property is a criminal offence in England and Wales. For commercial property, the fastest route is an interim possession order. We advise landlords and property owners on the quickest and safest way to recover possession.
What Are Squatters Rights in England and Wales?
The term "squatters rights" is often misunderstood. In England and Wales, squatters have very limited legal protection — and in the case of residential property, squatting is a criminal offence.
Residential property: Under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), squatting in a residential building is a criminal offence. The police have power to arrest and remove squatters without a court order. Squatters face up to 6 months' imprisonment and/or a fine of up to £5,000.
Commercial property: Squatting in commercial or non-residential property remains a civil matter. The police cannot remove squatters from commercial property — the owner must apply to court for an interim possession order or possession order.
The only legal doctrine that could give a squatter any rights is adverse possession — but this requires 10 years of uninterrupted occupation of registered land, and the registered owner is notified and has 2 years to object.
Routes to Removing Squatters
Residential Property — Criminal Route
Fastest for residential- 1Squatting in a residential building is a criminal offence (LASPO 2012, s.144)
- 2Call the police — they have power to arrest and remove squatters from residential property
- 3No court order required for police to act
- 4Squatter can be prosecuted and faces up to 6 months' imprisonment and/or a fine
Only applies to residential buildings. Does not apply to commercial property.
Interim Possession Order (IPO)
Fastest civil route- 1Apply to the county court for an IPO (available for residential and commercial property)
- 2Court can grant an IPO within 24–48 hours in urgent cases
- 3Once served, squatter must leave within 24 hours
- 4Criminal offence to remain after IPO served — police can then act
- 5IPO prevents squatter returning within 12 months
Requires court application. We can prepare and file the application urgently.
Standard Possession Order
For complex cases- 1Issue a possession claim in the county court
- 2Court lists a hearing (typically 4–8 weeks)
- 3Attend hearing — court grants possession order
- 4If squatter does not leave, apply for warrant of possession
- 5Bailiffs attend to enforce the order
Slower than IPO but appropriate where IPO is not available or squatter has a potential claim.
What You Must NOT Do
Attempting to remove squatters by force or harassment is illegal — even if they have no right to be there. The following actions could expose you to criminal prosecution and civil liability:
- Physically removing squatters or threatening violence
- Changing the locks while squatters are present
- Cutting off utilities (gas, electricity, water)
- Removing squatters' belongings without a court order
- Harassment, intimidation or persistent disturbance
Adverse Possession — Can Squatters Claim Ownership?
Adverse possession is the legal doctrine by which a person who has occupied land without the owner's permission for a sufficient period can apply to be registered as the legal owner. It is sometimes called "squatters rights" in a legal sense — but it is extremely difficult to establish in practice.
For registered land in England and Wales (which covers the vast majority of property), the Land Registration Act 2002 introduced a notification system:
- 1The squatter must have been in adverse possession for at least 10 years
- 2The squatter applies to the Land Registry to be registered as owner
- 3The Land Registry notifies the registered owner
- 4The registered owner has 2 years to object and take steps to recover possession
- 5If the owner objects and takes action, the squatter's application fails
In practice, adverse possession claims against registered land are rare — the notification system gives owners ample opportunity to object. We advise landowners on defending adverse possession claims and taking action to prevent them arising.
Frequently Asked Questions
What are squatters rights in the UK?
In England and Wales, squatting in a residential building is a criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Squatters in residential property can be arrested and prosecuted. Squatting in commercial or non-residential property is a civil matter — the owner must apply to court to remove the squatter. Squatters do not have a legal right to remain in property they have entered without permission.
Can the police remove squatters?
Yes — but only from residential property. Squatting in a residential building is a criminal offence in England and Wales. The police can arrest and remove squatters from residential property without a court order. For commercial or non-residential property, squatting is a civil matter and the police cannot remove squatters — the owner must apply to court for an interim possession order or possession order.
What is an interim possession order?
An interim possession order (IPO) is a fast-track court procedure for removing trespassers from property. It is available for both residential and commercial property. Once an IPO is granted, the squatter must leave within 24 hours. It is a criminal offence to remain on the premises after an IPO is served, or to return within 12 months. An IPO can be obtained within days in urgent cases.
What is adverse possession?
Adverse possession (sometimes called "squatters rights" in a legal sense) is the legal doctrine by which a person who has occupied land without the owner's permission for a sufficient period can apply to be registered as the legal owner. For registered land in England and Wales, the period is 10 years of adverse possession. The Land Registration Act 2002 introduced a notification system — the registered owner is notified and has 2 years to object. We advise landowners on defending adverse possession claims.
How do I remove squatters from commercial property?
For commercial property, squatting is a civil matter. The fastest route is an interim possession order (IPO), which can be obtained within days and requires the squatter to leave within 24 hours. Alternatively, you can apply for a standard possession order. You should not attempt to remove squatters by force — this could expose you to criminal liability for unlawful eviction. We advise on the fastest and safest route for your situation.
Can I change the locks to remove squatters?
No. You must not attempt to remove squatters by force, change the locks while they are present, or cut off utilities. This could constitute unlawful eviction and expose you to criminal prosecution and civil liability. The correct route is to apply to court for an interim possession order or possession order. We can advise on the fastest legal route to recover your property.
Squatters in Your Property?
We can advise on the fastest legal route to recover your property — including urgent interim possession orders.
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