Squatters' Rights Notices and Their Legal Standing (England & Wales)
This article examines whether “squatters’ rights” notices have any legal standing in England and Wales, and how they relate to peaceful re-entry, section 6 of the Criminal Law Act 1977, and the common-law right to recover commercial premises without a court order.
Legal Status of Squatters’ Rights Notices
Notices placed by squatters claiming rights to remain in occupation have no legal basis. They are not recognised by statute or case law and do not prevent the landowner or their authorised agents from exercising lawful self-help remedies.
These notices often attempt to reinterpret statutory provisions such as section 6 of the Criminal Law Act 1977 but do not create any enforceable legal protection for occupiers.
Squatting in Commercial Premises
Squatting in commercial premises is treated as civil trespass. The criminal offence of residential squatting created by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 applies only to dwellings, not to business premises.
A commercial property owner may therefore:
- exercise the common-law right of peaceful re-entry; or
- apply for a civil possession order if peaceful re-entry is not possible.
Peaceable Re-Entry and Self-Help
Peaceable re-entry allows the person entitled to possession to lawfully regain control of their property without a court order, provided that:
- entry is gained without force;
- access is through an open or unlocked door; and
- no one inside the premises actively objects at the time entry is attempted.
Once inside, the property may be secured against further entry by trespassers.
Misinterpretation of Section 6 Criminal Law Act 1977
Squatter notices often quote section 6, which makes it an offence to use or threaten violence to enter premises when someone inside objects. However, these notices frequently exaggerate or misstate its effect.
Section 6 does not:
- grant squatters a right to remain;
- prevent peaceful entry; or
- override the rights of the lawful owner.
Adverse Possession Confusion
References to “squatters’ rights” often mistakenly relate to adverse possession. Modern adverse possession requires:
- 12 years of uninterrupted occupation (unregistered land), or
- meeting statutory criteria for registered land under the Land Registration Act 2002.
Short-term occupation in a disputed commercial squatting scenario does not satisfy these requirements.
Application for Enforcement Agents
Where Entry Without a Court Order Is Lawful
Entry without a court order may occur where:
- entry is peaceful,
- doors are unlocked/open,
- no one inside objects, and
- the agent is authorised by the person entitled to possession.
Where Withdrawal Is Required
If an occupier is present and objects to entry, enforcement agents must withdraw, avoid force, and advise the client to seek a possession order or Interim Possession Order.
Conclusion
“Squatters’ rights” notices do not create legal protection for occupiers and do not prevent peaceful re-entry by the lawful owner or their agents. Provided that no force is used to gain entry or to remove occupiers, enforcement agents operate within the law regardless of any notice displayed on the premises.
Court Process Where Peaceful Re-Entry Fails
Where peaceful re-entry cannot be achieved, the property owner must usually obtain a court order for possession. Possession claims against squatters in England and Wales proceed under the Civil Procedure Rules Part 55 [1] . Two procedures exist:
- the standard possession claim against trespassers; and
- the Interim Possession Order (IPO) procedure.
Standard Possession Claim Against Trespassers
This is the usual route where squatters have occupied the premises for more than 28 days or where an IPO is not available. The required court forms are the N5 claim form [2] and the N121 particulars of claim for trespassers [3] . These forms set out the claimant’s entitlement to possession and the circumstances of trespass.
The defendants may be described as “persons unknown” where identities are not confirmed. After issue, the claim must be served at the premises—typically by fixing documents to the main entrance and posting through the letterbox—and a certificate of service must be filed. At the hearing, the court will usually make a possession order.
Enforcement options include:
- execution by County Court bailiffs via a warrant of possession; or
- transfer to the High Court for enforcement by authorised High Court Enforcement Officers, using Forms N244 [4] and N293A [5] .
Interim Possession Orders (IPO)
The IPO procedure is available where squatters entered the property recently—generally within 28 days of the owner becoming aware of the trespass. The required documents are the N5 claim form [2] and N130 application for possession including an application for an Interim Possession Order [6] .
After issue, the claim and the IPO application must be served promptly at the premises. The court will list an urgent hearing. If an IPO is granted, it must be served again, and the occupiers must leave the premises within 24 hours or they commit a criminal offence under section 76 of the Criminal Justice and Public Order Act 1994 [7] .
Instructing Professional Enforcement Companies
Physical eviction must be completed by County Court bailiffs or by authorised High Court Enforcement Officers. Professional enforcement companies, typically work under the authority of an HCEO when executing High Court writs or IPOs.
Landlords generally provide:
- proof of ownership or title;
- sealed court orders and application documents;
- details of occupiers and risk considerations; and
- authority to arrange locksmiths and security for re-entry.
References
- Civil Procedure Rules Part 55 – Possession Claims justice.gov.uk – Part 55
- Form N5 – Claim form for possession of property GOV.UK – N5
- Form N121 – Particulars of claim for possession (trespassers) GOV.UK – N121
- Form N244 – Application notice GOV.UK – N244
- Form N293A – Combined certificate for writ of possession GOV.UK – N293A
- Form N130 – Application for possession including Interim Possession Order GOV.UK – N130
- Criminal Justice and Public Order Act 1994, s.76 – Offence of remaining after an IPO legislation.gov.uk – s.76
