Squatting is every property owners worst nightmare. From the expensive cost of repairing damages to the difficulty of fighting legal loopholes, there’s a reason the threat of squatting keeps landlords up at night.

When it comes to commercial, or ‘non-residential’ property, landlords are even more at risk. Due to a law passed in 2012, squatting in non-residential buildings is not actually illegal. Meaning that it’s incredibly important you take the correct steps to protect your space with an effective method of commercial property security.

If you manage or own vacant property, now’s a good time to make sure you understand the law and the risks you and your property face. So, in this article, we’re going to run you through everything you need to know about squatters, the law, and what you can do to protect your vacant commercial property.

The Legal Definition of Squatting

The Gov UK website defines squatting as follows:

‘Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as ‘adverse possession’.’

The definition goes on to clarify that ‘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.’

Essentially, anyone who trespasses onto a residential property with the intention to take up residence, is illegally squatting. In residential property, it is a crime for squatters to not leave the property when asked to do so by any law enforcement organisation e.g. the police or the council. But, with police cuts and fewer law enforcers available to evict illegal occupants, residential property owners might have to wait some time before squatters can be told to leave their property.

Squatting and Non-Residential Property

The law is different when it comes to non-residential and commercial property. According to the Gov UK website, it is not a criminal action for anyone to ‘simply (be) on another person’s non-residential property without their permission’.

This is due to the 2012 Sentencing and Punishment of Offenders Act which made it a criminal offence to squat in residential properties, but only a civil offence to squat on non-residential property.

For clarity, a non-residential property is classified as any building or land that was not designed to be lived in.

In simple terms: squatting is not illegal on commercial property.

Squatting only becomes criminal when the squatters cause damage to your property. For example:

Causing damage while entering the property e.g. breaking a window to gain access
Causing damage while inside the property and fly-tipping
Stealing from the property, including using utilities like gas and electric

It is also a criminal offence for squatters to not leave your commercial property when they are asked to do so. However, getting to this point can be time-consuming and expensive as it requires the landlord to take legal action before pursuing court proceedings.

Due to this change in law, it is incredibly difficult to remove squatters from commercial property. Making it crucial that you have an effective form of commercial property security in place to protect your vacant building e.g. property guardians.

Adverse Possession and Legal Ownership

Squatters can legally claim ownership of a property they (or their predecessors) have resided in for over 10-12 years. They do not need the owners’ permission and, if the landlord doesn’t respond within 65 days, they will become the legal and rightful owners of the property.

The only qualifying criteria is that a succession of squatters have continuously occupied the property for 10 years (or 12 years if the property wasn’t registered with HM Land Registry). And that none of the squatters had the owner’s permission to be there in the first place, e.g., a previous tenant.

For most pro-active and involved landlords, adverse possession will not be a problem you need to worry about. However, there are a few steps you should take today to prevent the chances of squatters becoming the legal owners of your property:

Register your property with the HM Land Registry. This means that squatters have to occupy the property for 12 years, rather than 10, before being able to file for adverse possession.
If you have long-term squatters, and you receive a notice from HM Land Registry that the squatters have applied for Adverse Possession, you must respond within 65 days. You will then immediately have to take action to remove the squatters and reclaim your property. If you have made no action within 2 years, the squatters can legally reapply for adverse possession, and you will not be able to object again.
Most importantly, if your property is vacant, you must make sure it is well protected and secured to avoid squatters in the first place.

What Can You Do to Protect Your Vacant Property?

As it is not illegal for squatters to gain peaceful entrance to your non-residential property, it is crucial that you properly protect and maintain your building with the appropriate commercial property security.

This will make it far harder for squatters to gain access to the property without causing damage to your building. Therefore, forcing them to commit a criminal offence meaning they can no longer be considered ‘lawful’ squatters.

A well looked after and maintained vacant property is far less likely to be targeted by squatters who are drawn to derelict and vacant spaces.

A Solution to Squatters?

In our opinion, the best commercial property security for a vacant property is to simply not leave the property empty!

At Blue Door Property Guardians, we offer a flexible, zero-cost service to landlords looking for 24/7 vacant property security. We have a database of vetted property guardians, including key workers, young professionals and postgraduates, on hand who can move onto your site in their capacity to protect and maintain it. In return, the guardians receive lower than market rental prices to live in prime locations.

You don’t have to register a change of use for the property, and when you want your property back, we have a swift and easy 30-day hand back guarantee.

With the on-site protection of guardians, the risk of your vacant property becoming victim to squatters is substantially reduced. Giving you peace of mind that your space is being looked after and maintained with love and care while you find its next purpose.

If you’d like to know more about how we can help to protect your vacant property, then get in touch today and a member of the team will happily answer any questions you may have.

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