Tuesday, 1 July 2014

Squatting – An Offence (Legal Aid, Sentencing and Punishment of Offenders Act 2012)

The offence of squatting in a residential building is set out in section 144 of LASPO.
It came into effect on 1 September 2012.

The offence
(1) A person commits an offence if
(a) he or she is in a residential building as a trespasser, having entered as such,
(b) he or she knows or ought to know that he or she is a trespasser, and
(c) the person is living in the building or intends to live there for any period.
2) The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).

(3) For the purposes of this section—

(a) “building” includes any structure or part of a structure (including a temporary or moveable structure), and

(b) a building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live.

(4) For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser.

(5) A person convicted of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both).