FAQs

An unauthorised encampment in the UK is when individuals or groups set up temporary living arrangements on land without the landowner’s permission. This can happen on both public land (such as parks, lay-bys, or car parks) and private land (including business premises, fields, and industrial estates).

Key Facts

• Classed as unauthorised occupation of land without consent
• Typically a civil trespass matter, not a criminal offence by itself
• Governed by legislation including the Criminal Justice and Public Order Act 1994 (CJPOA) and updates under the Police, Crime, Sentencing and Courts Act 2022
• Can occur on council-owned, commercial, or privately owned land

Common Issues Associated

• Blocked access to roads, entrances, or business premises
• Waste and fly-tipping left behind after departure
• Damage to land, fencing, gates, or surfaces
• Safety and security concerns for nearby residents or staff

What Landowners Can Do

• Report the situation to the local council or police, especially if there are safety concerns
• Begin the legal process to regain possession if trespassers do not leave voluntarily
• Install height restriction barriers, gates, or bollards to prevent vehicle access
• Use clear signage such as “Private Land – No Unauthorised Access”

Key Takeaway

An unauthorised encampment is primarily a civil trespass issue, but it can lead to wider problems if not managed. The most effective approach is early action combined with preventative measures to stop access in the first place.

If an unauthorised encampment sets up on your private land, you have the legal right to regain possession—but it must be done lawfully. In most cases, this involves asking the occupants to leave and, if necessary, applying to the court for a possession order.

Your Legal Rights as a Landowner

• Unauthorised encampments are usually treated as trespass (a civil matter)
• You can request that the trespassers leave your land
• If they refuse, you can take legal action to recover possession
• You may also pursue compensation for damage or losses, although this can be difficult

Step-by-Step: Removing an Unauthorised Encampment

1. Ask them to leave – ideally in writing, confirming they are on private land without permission
2. Record evidence – take photos, note vehicle registrations, and document any damage or antisocial behaviour
3. Contact the local council or police – for advice, especially if there are safety concerns
4. Apply for a possession order – through the County Court under Part 55 of the Civil Procedure Rules
5. Enforce the order – if granted, bailiffs or High Court Enforcement Officers can legally remove the encampment

When the Police Can Intervene

Police powers are limited but may apply if there is:

• Criminal damage, threats, or disorder
• Serious obstruction or safety risks
• Multiple vehicles or evidence of wider criminal activity

In some cases, police can direct trespassers to leave or seize vehicles if legal thresholds are met.

Important Things to Avoid

• Do not attempt to forcibly remove people yourself — this can lead to legal action against you
• Do not block exits or create dangerous situations
• Avoid confrontation and always follow legal procedures

Preventing Future Encampments

• Install height restriction barriers, gates, or bollards to control access
• Secure vulnerable entrances and boundaries
• Use CCTV and signage to deter trespass and support enforcement
• Regularly inspect your land for new access points or damage

Key Takeaway

You have the right to remove unauthorised encampments—but the process must follow legal procedures. The most effective long-term solution is to prevent vehicle access in the first place.

In the UK, police have specific legal powers to remove unauthorised encampments, but only when certain conditions are met. These powers come mainly from the Criminal Justice and Public Order Act 1994 (CJPOA), with additional provisions introduced by the Police, Crime, Sentencing and Courts Act 2022.

Key Police Powers (CJPOA Sections 61–62)

Police can direct trespassers to leave land immediately if:

• The landowner has asked them to leave and they have refused
• There are two or more people present with one or more vehicles
• There has been damage, threatening behaviour, or disorder
• The encampment is causing serious disruption or distress to the local community

If these conditions are met, officers can require the group to leave and not return for a specified period.

Consequences of Non-Compliance

If trespassers fail to comply with police directions:

• They may face arrest and prosecution
• Vehicles and property used in the offence can be seized
• Courts can impose fines or imprisonment for repeat or serious breaches

Enhanced Powers (Post-2022)

Under newer legislation, police can:

• Act more quickly in serious cases, particularly where there is significant disruption
• Target repeat encampments more effectively
• Take stronger action where there is damage, intimidation, or impact on communities

When Police May Not Intervene

Police will not usually act if:

• The situation is peaceful and does not meet legal thresholds
• There is no evidence of damage, obstruction, or serious disruption
• It remains a civil trespass matter, which should be handled by the landowner through the courts

Best Practice for Landowners

• Report encampments early to your local council and police
• Keep records, photos, and vehicle details to support enforcement
• Once cleared, install barriers, gates, or bollards to prevent re-entry
• Use clear signage to reinforce private land rights

Key Takeaway

Police powers are strong but not automatic—they depend on specific legal conditions. The most effective approach is combining early reporting with physical prevention measures to stop encampments forming in the first place.

No — local councils are not legally required to remove unauthorised encampments immediately. While they do have a duty to manage them, councils must first assess the situation, follow legal procedures, and balance the rights of both the landowner and the occupants.

Council Responsibilities

Under the Criminal Justice and Public Order Act 1994 (CJPOA), councils must:

• Assess each encampment on a case-by-case basis
• Consider factors such as:
  • Impact on the local community
  • Health, welfare, and vulnerability of occupants
  • Any damage, obstruction, or antisocial behaviour
• Decide whether enforcement is appropriate

If action is justified, councils may:

• Issue a Direction to Leave, or
• Apply to the court for a possession order

Why Removal Isn’t Always Immediate

Delays can occur where:

• There are children, elderly, or vulnerable individuals on site
• Alternative authorised sites need to be arranged
• Legal processes or police involvement are already underway

When Immediate Action Is More Likely

Faster intervention may happen if the encampment:

• Poses a safety risk or blocks essential access
• Involves criminal damage, intimidation, or disorder
• Causes serious disruption to the public

In these cases, police powers under Sections 61–62 CJPOA may be used to direct occupants to leave.

Preventing Repeat Encampments

Once a site is cleared, prevention is key:

• Install height restriction barriers, gates, or bollards to block vehicle access
• Improve site monitoring and visibility
• Secure vulnerable entrances and boundaries

Key Takeaway

Councils must act lawfully and proportionately, which means removal isn’t always immediate. The most effective approach is combining enforcement with preventative measures to stop encampments from returning.

In most cases, the landowner is responsible for clearing waste and repairing any damage left behind by an unauthorised encampment. Responsibility depends on who owns the land, but for private property, the costs usually fall directly on the owner—even if they were not involved.

If the Land Is Private

• The landowner must arrange and pay for waste removal, cleaning, and repairs
• Costs can include specialist waste disposal, fencing repairs, site restoration, and security upgrades
• Landowners may try to recover costs through the courts, but this is often difficult unless individuals are identified
• Preventative measures (e.g. barriers, gates, and bollards) can reduce the risk of repeat incidents

If the Land Is Council-Owned

• The local authority is responsible for clearing public land once the site is vacated
• Councils may use environmental teams or contractors to remove waste, debris, and hazardous materials
• In some cases, councils provide public updates once clean-up is complete

What the Police Can Do

• Police may assist if there is criminal damage, arson, or hazardous waste involved
• They can gather evidence to support prosecution or insurance claims
• However, they are not typically responsible for routine clean-up

Typical Aftermath Costs

• Waste clearance and disposal
• Repairing damaged gates, fencing, or access points
• Restoring land, surfaces, or landscaping
• Installing preventative security measures such as height barriers or bollards

Key Takeaway

While authorities may assist in serious cases, the responsibility for cleanup on private land usually sits with the landowner—making prevention and access control the most cost-effective long-term solution.

The most effective way to stop unauthorised encampments is to physically prevent vehicle access to the land. Once vehicles such as caravans or vans can’t enter, encampments are far less likely to form. A combination of barriers, bollards, and good site management provides the most reliable long-term protection.

Physical Deterrents (Most Effective)

• Height restriction barriers – prevent caravans, motorhomes, and larger vehicles from entering
• Removable or telescopic bollards – allow controlled access for authorised users while blocking others
• Fixed steel barriers or gates – secure entrances and vulnerable boundaries
• Earth bunds, fencing, or planters – useful for rural land or open spaces where traditional barriers aren’t practical

Restricting access points is the single most effective step you can take.

Site Management Measures

• Install CCTV and motion lighting to deter trespass and support enforcement
• Use clear signage such as “Private Land – No Unauthorised Access”
• Carry out regular inspections to check for damage, tampering, or new access points
• Keep records of maintenance and incidents for legal protection

Well-managed sites are far less likely to be targeted.

Preventing Repeat Incidents

• Reinforce or redesign entry points after previous breaches
• Install lockable posts or gates at service roads and field entrances
• Work with local councils or authorities if your land borders public highways or known hotspots

Key Takeaway

Stopping encampments is about prevention, not reaction. If vehicles can’t access the land, the risk is dramatically reduced—saving time, cost, and disruption.