Explained: How squatting in commercial properties works — and what can be done about it

Following the occupation of the former Kashmir restaurant, on the heels of squatters taking over both the White Lion and Boilermaker on Putney High Street, here’s a quick explainer on squatting in commercial properties, how squatting groups operate, why they use Section 144 notices, and what local authorities can do to respond effectively:

What is squatting — and is it legal?

Squatting is when someone occupies a building or land without the owner’s permission. In the UK, squatting in a residential property is a criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Police can arrest squatters in homes, and courts can issue swift possession orders.

But squatting in commercial buildings — such as shops, pubs, and restaurants — is a civil matter, not a criminal one. As long as squatters don’t cause damage, force entry, or commit other crimes, police are not required to act. The building owner must go through a civil court to regain possession, which can take weeks or even months.

Why do squatters post Section 144 notices?

You’ll often see printed legal notices taped to the inside of a squatted commercial property. These declare that:

• The building is not residential, so Section 144 does not apply.
• The occupiers have taken possession under civil law and are warning against illegal entry or violence.
• Anyone who wants them out must apply to the County Court or High Court.

These notices serve two purposes:

1. To deter landlords or enforcement agents from illegally evicting them, which could lead to criminal or civil liability.
2. To demonstrate to authorities that the occupiers understand their rights and have formed a collective legal defence.

How are squatting groups organised?

Contrary to popular perception, many squatting groups are well-organised and coordinated. Here’s how:

• They use online networks, social media, and word-of-mouth to track empty commercial buildings.
• Buildings are often targeted after guardians leave, leases expire, or visible signs of disuse appear (e.g. post piling up, no lights, boarded windows).
• Occupations are timed to coincide with low foot traffic or overnight, and groups often carry prepared legal templates and tools.
• Once inside, they may install mattresses, minimal furniture, and basic security to demonstrate possession.

Some groups have a legal adviser or experienced member who helps draft court responses, handles communications, and coordinates support.

Why Putney — and why now?

Areas like Putney are increasingly being targeted because:

• There are multiple empty retail units and shuttered restaurants.
• Enforcement is fragmented — landlords, council officers, police, MPs, and local business groups often act in silos.
• Court backlogs have made it harder for landlords to regain access quickly.
• Police often refuse to intervene without evidence of criminal behaviour or a court order.

This creates a window of opportunity for squatters to take hold and stay for extended periods — sometimes leaving behind damage and requiring costly eviction procedures.

What can local authorities and communities do?

1. Coordinate a rapid response team: Councils should set up a taskforce involving legal teams, environmental health, community safety officers, and BID representatives to quickly respond to squatter reports.
2. Map and monitor empty premises: Maintain a live register of vacant commercial units and liaise with landlords or agents to identify at-risk sites early.
3. Educate property owners: Many landlords don’t know how to secure buildings effectively. Councils can provide guidance on boarding access points, regular inspections, and using property guardians or short-term lets.
4. Speed up legal procedures: Councils can help expedite court filings for landlords or offer support where buildings pose a public nuisance or safety hazard.
5. Lobby for legislative change: Some boroughs are calling for tighter laws on commercial squatting, similar to residential protections.
6. Improve police readiness: While police have limited powers, they can act if there’s evidence of forced entry, criminal damage, theft, or antisocial behaviour. Local authorities should work with police to define clear thresholds for intervention.

In summary

Squatting in commercial properties is entirely legal under civil law unless other offences are committed. That’s why groups continue to exploit loopholes in areas like Putney — especially where enforcement is uncoordinated and delays are the norm.

Dealing with the issue requires organisation, legal clarity, early intervention, and clear lines of responsibility between landlords, councils, police, and local businesses. Without it, more empty shops could be taken over — and Putney could continue to be seen as an easy target.