Change of Use schemes
Sean Keelan
Director Blue Light Group-Security and support services. Nationwide Operations with a local focus
Blue Line Security have assisted many developers with their security requirements on ‘change of use schemes’.
I have found that there are many different opinions as to when a conversions is classed as residential, and up to which point it remains non Residential.
Some may ask why it even matters?
In 2012, section 144 of the LASPO made it illegal to trespass in Residential property with intent to live there (squat). This carries a power of arrest.
The law did not extend to non residential property meaning any such act will remain a civil matter. There is no power of arrest in these circumstances unless any other criminal law offences have been committed.
The law is much simpler in terms of Burglary offences whereby a suspects enters a property with intent to steal, cause injury to a person or commit criminal damage. In this case the use of the premises simply effects the punishment from the justice system. Offences are defined as Burglary in a dwelling and Burglary in a non-dwelling.
So with the above in mind, its fair to say that a developer will have some protection in law when considering security risks from trespassers. However, at which point does a conversion become residential?
When your ‘change of use’ application is approved?
When the contractors begin work?
When the premises has services connected (gas, water, electric)?
When the bathroom and kitchen is fitted?
When the first tenant moves in?
Over the years I have had all of the above suggested as an indicator for the official use change. The differing opinion clearly demonstrates an uncertainty in this area and can lead to the wrong descion being made around security.
Unfortunately, the decision as to when the building is officially Residential is usually up to the police officer who turns up to your call when something has gone wrong.
The law states “ A building is residential if it is “designed or adapted, before the time of entry, for use as a place to live”
In most cases the development would have already been designed for residential use. But it may not be fully adapted.
It is at the stage you have trespassers in your building with the intention to squat that the issue arises.
When faced with the option of forcing a group of squatters seeking refuge in an unoccupied property onto the streets or referring the property owner to the civil courts, its usually the easy option that wins. Human rights will play a part in any action taken.
Lack of knowledge from the responding police officers often means the difference between an instant resolution and a longer process of eviction. And how knowledgeable the authorities in attendance are is ‘pot luck’
Best case scenario is the police agree the premises is residential at the stage of entry. The trespassers are asked to leave or face arrest. Instant resolution. Damage to your property has been limited, the project has not suffered any pro longed delays.
Worst case scenario is the police do not class the building as residential. The trespassers remain. You are advised to seek remedy in civil court. The police will leave and you will be left to resolve. In the meantime damage is likely being caused to the inside of your property, the build is delayed and in some extreme cases, large amounts of squatters occupy your building increasing the cost of any removal security operation.
One of our clients, Inspired Homes, instructed me on their recently completed Central Cross development,Croydon (pictured above).
Unfortunatley the building was occupied by sqautters before construction commenced. I implemented a strict security regime which meant the building was occupied 100% of the time. We kept up this regime from beginning to the end of the project and was able to hand over to Inspired Homes once residents began moving in. Inspired Homes have an enviable reputation in the industry for selling out developments fast. Therefore, this security strategy is vital for developers as successful as Inpired Homes. It ensures there are no delays in the project completion and ultimately, exchange of contracts.
We always advise clients to treat the development as non residential until it is signed off and ready for occupation. Even then, to avoid any doubt, it is best to wait until residents have moved in and are actively using the development for residential use.
In the meantime and certainly before any applications have been made, the development should be treated as non residential. The appropriate security measures will prevent any need for expensive civil action and avoid any unnecessary delays in the projects progress.
Blue Line Security offer a range of security services and can assist throughout the entire project.
For more information please contact me:-
www.Blue-LineSecurity.com
For more detailed information on squatters and trespassing issues please view my profile articles