What Happens When Squatters Occupy a Commercial Property (And How Fast Can You Get Them Out?)

Finding squatters inside an empty office, retail unit or warehouse is every property owner’s nightmare. The first instinct is usually the same: call the police, get someone to the building and get the squatters out.

Unfortunately, commercial squatting isn't quite that simple. The law treats squatting in residential and commercial properties differently, and trying to remove people yourself can create another legal problem.

So what actually happens when squatters occupy a commercial property, and how quickly can you get your building back?

Why Commercial Squatting Is Different

Squatting in a residential building is a criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Commercial property is different.

Simply occupying a commercial property without permission is generally dealt with as a civil possession matter rather than automatically being a criminal offence. That doesn't mean the squatters are entitled to be there. It means the process for recovering possession is different.

There may also be criminal offences involved depending on what has happened at the property, such as criminal damage, theft or other unlawful activity. In those circumstances, the police may have a role.

But if the issue is simply that people are occupying your empty commercial property, you may need to use the civil possession process.

Can I Just Call the Police?

It's worth contacting the police if you believe a crime has been committed or there is an immediate threat to people or property. However, you shouldn't assume that the police will simply remove commercial squatters because they are occupying your building.

This is one of the biggest surprises for property owners.

If the situation is a civil possession matter, you may need to apply to the court to recover possession. That is why getting legal advice early is important.

The Legal Eviction Process

There are two main routes property owners may need to consider when dealing with squatters: an Interim Possession Order (IPO) or a standard possession claim.

1. Interim Possession Order

An Interim Possession Order can provide a faster route in certain circumstances.

One of the key requirements is timing.

You can generally apply for an IPO where the claim is against trespassers and the application is made within 28 days of the date you first knew, or ought reasonably to have known, that they were occupying the property.

If the order is granted and properly served, the occupiers can be required to leave within 24 hours.

This makes the IPO route particularly important where squatters have only recently gained access. However, it isn't appropriate for every situation.

For example, an IPO cannot be used where the owner is also making a claim for damages caused by the squatters.

A solicitor can advise on whether the circumstances of your property make this route appropriate.

2. Standard Possession Claim

If the IPO route isn't available or appropriate, the owner may need to make a standard possession claim. This involves applying to the court for possession of the property.

Claims against trespassers are dealt with under the possession claim procedure, and the court will consider the owner's right to possession before making an order.

The exact process and timeframe will depend on the circumstances of the case, the evidence available and the court involved.

There isn't a single guaranteed number of days for every commercial squatting case.

The important thing is to start the process quickly.

How Long Does It Take to Evict Commercial Squatters?

This is probably the question property owners want answered most.

The honest answer is: it depends. If an Interim Possession Order is available, the process can be significantly faster than a standard possession claim.

Where the IPO requirements are met, the court can issue the order within a short period and the occupiers can be required to leave within 24 hours of being served.

If an IPO isn't available, a standard possession claim will generally take longer.

The court process, paperwork, hearings and enforcement all need to be taken into account.

This is why discovering squatters on a Friday and assuming the building will be empty again on Monday can be a dangerous assumption. The faster you act, the more options you may have.

How Much Does It Cost to Evict Squatters From a Commercial Property?

There isn't a single fixed price for commercial squatter eviction.

The total cost can include:

• Solicitor or legal advice

• Court fees

• Enforcement officer fees

• Locksmiths and securing the property

• Security officers

• Cleaning and removal of waste

• Repairs following damage

• Ongoing security to prevent re-entry

  
  

Current court fees include a £415 fee for issuing a county court possession claim and £559 for a High Court possession claim, although the appropriate route and any additional applications or enforcement costs will depend on the circumstances.

The cost of securing the property afterwards also needs to be considered.

Getting possession back is only half the job. If the building is left unsecured immediately after an eviction, you may find yourself dealing with the same problem again.

Legal Process Gets You the Order. Security Gets You Your Building Back.

This is where legal and physical security need to work together. A solicitor can advise on the legal route and help you obtain the appropriate possession order. An enforcement officer can carry out the enforcement. But someone still needs to think about the building itself.

What happens when the occupiers leave?

Are the doors secure?

Have locks been changed?

Are there damaged windows or access points?

Is there evidence that other people have been accessing the property?

Could the squatters come straight back?

Ambika can provide the practical security support around the enforcement process, including manned guarding and ongoing mobile patrols. The objective isn't simply to remove the immediate problem. It's to make sure the property stays secure afterwards.

What Should You Do If You Discover Squatters?

If you discover that your commercial property has been occupied without permission:

1. Don't try to remove them yourself.

Do not use force or threaten force. Attempting an unlawful eviction can create serious legal problems for the property owner.

2. Contact your solicitor.

Get advice on your specific circumstances and whether an Interim Possession Order or standard possession claim is appropriate.

3. Document what has happened.

Take photographs where it is safe and lawful to do so. Record damage, signs of forced entry and any other relevant information.

4. Consider the property's immediate security.

If there are access points that can be secured without putting anyone at risk, address them as soon as legally possible. Consider whether temporary manned guarding or mobile patrols are required.

5. Plan for the moment possession is recovered.

Don't wait until the eviction is happening to think about what happens afterwards.

Locks, doors, windows, alarms, patrols and physical security may all need to be reviewed.

The Best Time to Think About Squatters Is Before They Get In

Once squatters are inside a commercial property, the process can become expensive, disruptive and time-consuming. Prevention is usually much easier than recovery.

A vacant property security strategy might include:

• Regular mobile patrols

• Manned guarding

• Property guardians

• K9 patrols

• Live-in caretakers

• Alarm and CCTV monitoring

• Physical security improvements

• Regular inspections

  
  

The right combination will depend on the property and its risk profile.

If a building is going to remain vacant for months, leaving it completely unattended may not be the cheapest option once the potential cost of a break-in, squatting, damage and eviction is considered.

Frequently Asked Questions

Is squatting in a commercial building illegal in the UK?

Squatting in a commercial building is not automatically a criminal offence simply because someone is occupying the property without permission.

The law is different for residential buildings, where squatting can be a criminal offence under Section 144 of LASPO 2012.

Other offences, such as criminal damage or theft, may still have been committed.

Can I remove squatters from my commercial property myself?

You should not attempt to remove squatters using force or the threat of force.

The correct legal process should be followed to recover possession of the property.

Get legal advice before taking action.

How long does it take to legally evict squatters from a commercial property?

It depends on the circumstances.

An Interim Possession Order may provide a faster route where its requirements are met, including the 28-day time limit.

A standard possession claim will generally take longer.

How much does it cost to evict squatters from a commercial property?

There is no single fixed cost.

You may need to budget for legal fees, court fees, enforcement, security, locksmiths, cleaning and repairs.

The cost of securing the building after possession has been recovered should also be considered.

Do I need a solicitor, bailiff or security company?

They perform different roles.

A solicitor can advise on the legal process and possession claim. An enforcement officer can enforce the relevant order. A security company can help protect the property before, during and after the enforcement process.

For complex or urgent situations, you may need several of these services working together.

Need Help Securing a Squatted Property?

If squatters have occupied your commercial property, the priority is to recover possession legally and then make sure they cannot simply return.

Ambika provides eviction-enforcement and security support for vacant commercial properties, including manned guarding and mobile patrols.

Talk to Ambika about securing or recovering your property.