Criminal squatting law change would be welcome, but civil law needs improvement, says expert

In July this year the Government published proposals which, if approved, could for the first time make squatting in residential or commercial buildings a criminal offence.

Trespass is a form of squatting and is becoming an increasing problem. The Government notes it is increasingly concerned about the distress and misery this can cause. One university encountered six trespass incidents in the last year - twice related to student protests and four times to occupation of universities by travellers. Power and energy companies and airport operators are also reporting increasingly frequent incidences of trespass.

Current criminal sanctions for trespass are very limited. Most of them relate to residential property only, and most require the trespassers to cause some kind of damage.

The creation of a new criminal offence which covered both residential and non-residential buildings and applied regardless of whether any damage was caused by the trespassers would certainly address the gaps in the existing law. Its effectiveness however depends on prompt police action and police resources are stretched.

What would really make a difference is overhauling civil remedies. These can currently be effective, but some changes to make possession orders operate more like injunctions would give property owners the power to take quicker action with more immediate effect.
Current civil remedies centre on possession orders but the process can involve multiple hearings and can not only be costly but in many cases delay trespassers being removed from properties.

If property owners were allowed to obtain immediately effective possession orders from the courts without notice and without the need for multiple hearings they would be able to regain possession of their property much more quickly and in many cases prevent damage to it.

There ought still to be an opportunity for the alleged squatter to challenge the possession order in the same way as an injunction, providing a safeguard for people occupying the building legitimately, but in those cases where there was no legitimate use, the resolution would be quicker and cheaper.

The basic definition of squatting is that it is the unauthorised entry and occupation of a building. This expressly includes those who do have a right to be in the building for some purpose but who have exceeded the scope of that purpose, so could apply to students or employees who have breached the terms of any student or employment contract by taking part in "sit ins" or industrial action.

Melissa Thompson is a property law specialist with Pinsent Masons, the law firm behind Out-Law.com.