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In today’s climate of urban regeneration and redevelopment, vacant commercial properties are prime targets for unauthorised occupation. Empty warehouses, disused offices, and development sites awaiting construction can be quickly taken over by squatters, causing delay, security issues and financial loss

For property owners and developers, speed is critical. One of the fastest civil remedies available in England and Wales to remove recent trespassers from a building is the Interim Possession Order (IPO).

This guide explains, in plain English:

  • What an IPO is and when you can use it
  • How the IPO process works step by step
  • The criminal consequences if squatters ignore an IPO
  • The risks, limitations and practical alternatives
  • How IPOs fit into a broader strategy for dealing with commercial squatting

It is general information only and does not constitute legal advice on any specific case.

When Might You Need an Interim Possession Order?

IPOs are designed for situations where:

  • Your building has been occupied without consent by squatters or trespassers
  • The occupation is recent
  • You need a fast, court-backed route to get the building back and deter further occupation.

Typical examples include:

  • A vacant warehouse awaiting redevelopment
  • An empty office block between tenants
  • A former school or public building awaiting sale or conversion

Since squatting in a residential building is now a separate criminal offence, the IPO procedure is particularly important for commercial or non-residential premises, where police powers may be more limited and civil remedies are often the main route to possession.

What is an Interim Possession Order?

An Interim Possession Order (IPO) is a fast-track court order that requires trespassers to leave a building within 24 hours of being served with the order. It is an interim measure, granted as part of a wider possession claim, pending a final decision on possession.

Key features:

Because breach of an IPO is criminal, with the possibility of arrest and prosecution, it has a much stronger deterrent effect than a standard civil possession order.

Who Can Apply for an IPO and When Is It Available?

The IPO route is only available in narrow, clearly defined circumstances. The conditions are set out in CPR 55.20-55.21.

1. You Must Be Entitled to Possession

You must be the owner or otherwise legally entitled to immediate possession of the premises (for example, a leaseholder with the right to occupy).

  • You must have had the right to possession for the entire period of the unauthorised occupation.
  • If squatters were already in occupation before you acquired the property, an IPO is not available; you may need a standard possession claim instead.

2. The Occupiers Must Be Trespassers (Not Tenants or Licensees)

IPOs are for “possession claims against trespassers” only.

  • The occupiers must have entered (or remained) without consent.
  • You cannot use an IPO against:Former tenants (even if their tenancy has ended and they have overstayed);
  • Licensees or occupiers whose presence began with permission.

Those cases require different possession routes under Part 55.

3. The Premises Must Be a Building

An IPO can only be used in relation to a building or part of a building.

  • Open land such as fields, meadows or bare development plots does not qualify for the IPO procedure.
  • You may still be able to bring a possession claim against trespassers for land, but not via the IPO route.

4. Strict 28-Day Time Limits

Two time limits often get confused; both matter:

  • The occupiers must have been in the property for 28 days or less when the claim is started; and
  • You must start the IPO claim within 28 days of the date you knew, or ought reasonably to have known, that the property was occupied by trespassers.

Courts interpret these time limits strictly. If you miss them, the IPO route is no longer available, and you must rely on standard possession proceedings.

5. England and Wales Only

The IPO procedure is part of the Civil Procedure Rules in England and Wales. Different rules and procedures apply in Scotland and Northern Ireland, so this guide does not cover those jurisdictions.

Is an IPO the Right Option, or Should You Use Standard Possession Proceedings?

An IPO is powerful and quick, but not always the right tool. You should consider whether your case is better suited to:

  • An IPO (where all the conditions above are clearly met), or
  • A standard possession claim against trespassers under Part 55, which can be used more flexibly but is usually slower.

IPO vs Standard Possession

Feature Interim Possession Order (IPO) Standard Possession Order (against trespassers)
Speed Often 7-14 days to regain possession (if uncontested and correctly handled) Typically, several weeks or months
Who it applies to Recent trespassers/squatters only Trespassers, but it can also be used in more complex scenarios
Time limits Strict 28-day limits on occupation and knowledge No IPO-style 28-day limit
Scope Buildings only (not bare land) Buildings and land
Consequence of non-compliance Criminal offence (possible arrest, fine, imprisonment) Civil enforcement only (bailiffs)
Deterrent effect Strong (criminal penalties) Weaker (civil only)

If there is any doubt about status (are they really trespassers?) or timing (have the 28 days passed?), it may be safer to proceed by a standard possession claim rather than risk an IPO being refused or set aside.

Before You Apply, Checks and Evidence

As IPOs are procedurally strict, good preparation makes a real difference.

Before issuing an IPO application:

1. Confirm Occupier Status

  • Review leases, licences, emails and rent records.
  • Make sure they are trespassers, not ex-tenants, sub-tenants or licensees.

2. Confirm the Premises Qualify

  • Check that the property is a building or part of a building, not just land.

3. Establish the Timeline

  • Work out when the squatters likely entered.
  • Record the date you first became aware, or reasonably should have become aware, of the occupation.

4. Gather Key Documents

  • Land Registry title, leases, licences.
  • Photographs or video of the occupation.
  • Security or caretaker reports, neighbour statements.
  • Any previous correspondence or notices.

Having this information ready will make the court application and your witness statement more robust and reduce the risk of procedural challenges.

The IPO Procedure, Step by Step

The IPO process is set out in CPR 55.20-55.28 and is often described as “front-loaded”; most work must be done at the outset.

Step 1: Issue the Claim and IPO Application

  • Claims for IPOs are usually started in the County Court for the area where the property is located.
  • You use Form N130 (Application for possession, including application for interim possession order) or the current equivalent form.
  • The claim form is accompanied by a witness statement:From the owner or authorised officer (e.g. company director).
  • Confirming your right to possession, the fact of trespass, dates of occupation and awareness, and the IPO eligibility conditions.

If an authorised officer cannot sign (e.g. absence or incapacity), you may ask the court to dispense with that requirement, but this should be clearly explained.

Step 2: Serving the Claim and Application

  • Once issued, the court will usually list the IPO hearing very quickly.
  • You must then serve:The claim form
  • The application for the IPO
  • Supporting evidence
  • A blank witness statement form for occupiers

Within 24 hours of issue.

For squatters/trespassers, this often means:

  • Affixing the documents to a prominent part of the building, and
  • Where possible, posting them through the letterbox in sealed, transparent or clearly marked envelopes.

You then file a Certificate of Service with the court, ideally with photographs showing how and when service was carried out.

Step 3: The IPO Hearing

At the IPO hearing:

  • Any occupier may attend, even if they have not filed a witness statement.
  • The court will check:That the condition for IPOs (eligibility and time limits) is satisfied; and
  • That all procedural steps (issue, service, evidence) have been properly followed.

If the court is satisfied, it must grant an interim possession order.

At the same hearing, the court will also list the full possession hearing, usually 7-14 days later.

After the IPO, Vacant Possession, Final Hearing and Enforcement

Serving the IPO and Getting Vacant Possession

If an IPO is granted:

  • It must be served within 48 hours of being made by the court.
  • The order will require the occupiers to leave within 24 hours of service.

The order will be clearly time-stamped and will include a warning that failure to comply is a criminal offence. A copy of the order must usually be fixed to the property in a prominent place.

The Final Possession Hearing

At the final hearing, the court will consider the underlying possession claim. Possible outcomes include:

  • Granting a final possession order in your favour.
  • Dismissing the claim (for example, if the wrong party has been sued or the conditions are not met).
  • Transferring the case into standard possession proceedings.
  • Enforcing any undertakings given by the defendants at the IPO stage (for example, promises not to return).

Enforcement if Occupiers Remain

If occupiers remain after the final order (or ignore the IPO):

  • You can apply for a warrant of possession enforceable by County Court bailiffs, or
  • In appropriate cases, transfer to the High Court for enforcement by High Court Enforcement Officers (HCEOs), who may be quicker in urgent commercial situations.

At the same time, remember that breach of the IPO itself may be a separate criminal matter, giving the police powers to act.

Breaching an IPO: Serious Criminal Consequences

Section 76 CJPOA 1994 makes it a criminal offence for a person to:

  • Remain on the premises as a trespasser during the currency of an IPO (after service), or
  • Re-enter the premises as a trespasser within one year of the IPO being served.

On conviction, the occupier can face:

  • Up to six months’ imprisonment, and/or
  • A fine at level 5 on the standard scale (rather than a fixed cash figure).

The police have the power to arrest a person reasonably suspected of committing this offence.

However:

  • The criminal offence only applies if the IPO has been properly served and displayed as the rules require.
  • If the service was defective, the criminal element may not be engaged, even though the civil order still stands.

This criminal sanction is one of the main reasons IPOs can be a powerful deterrent against commercial squatting.

Risks, Limitations and Common Pitfalls

The IPO procedure is unforgiving. Key risks and limitations include:

  • Squatters Only: IPOs are not available against ex-tenants, licensees or others whose occupation started with consent. Misidentifying the occupier’s status can derail the application.
  • Strict time limits: Missing the 28-day limits (occupation and knowledge) removes the IPO option entirely.
  • Buildings Only: If the occupation relates to open land, you will need other routes (e.g. standard trespass possession or injunctive relief).
  • Procedural Errors: Using the wrong forms, failing to serve within 24 hours of issue, or failing to serve the order within 48 hours may invalidate the IPO or its criminal provisions.
  • Occupier Defences: Occupiers may argue they are tenants/licensees, dispute dates of entry, or challenge service. They can apply to set aside an IPO after leaving the property if they believe they have a defence.

Due to these risks, it is often sensible to obtain specialist advice before proceeding, especially where the value of the property or project is high.

Timescales, Costs and Commercial Impact

Timescales

  • If everything is in order, you may regain possession via an IPO within 7-14 days from issue.
  • Standard possession proceedings can easily take several months, particularly in busy courts or if defended.

This time difference can be critical on development sites, where delay increases costs.

Costs

When budgeting for an IPO, consider:

  • Court fees for issuing the claim
  • Solicitor’s fees for preparing the claim, witness statements and attending hearings
  • Enforcement costs, particularly if you use HCEOs

Although some costs may be recoverable from defendants, squatters often have limited means, so cost recovery in practice can be uncertain.

From a commercial perspective, many owners view IPO costs against:

  • The potential cost of project delay
  • Security and repair costs
  • Reputational or regulatory issues if buildings are left insecure.

Preventing Commercial Squatting: Practical Tips

While IPOs are a valuable remedy, prevention is better than a cure. Commercial owners and developers can reduce the risk of squatting by:

  • Securing Vacant Buildings: Robust locks, shutters, boarding vulnerable access points, alarm and CCTV systems.
  • Regular Inspections: Scheduled visits by security teams or managing agents to identify signs of entry early.
  • Short-Term Uses: Temporary licences, pop-up uses, or property guardian arrangements to keep premises occupied where appropriate.
  • Clear Signage: “No trespassing”/“Private property” notices may not be legally decisive, but can help evidence trespass and deter opportunistic occupation.

Early detection gives you the best chance of meeting the 28-day IPO time limits if occupation does occur.

Examples of IPOs in Practice

Example 1: Residential Landlord with Vacant Flat

A landlord returns from overseas to find squatters occupying a previously vacant flat. The squatters entered less than two weeks earlier, and the landlord is clearly entitled to possession.

  • The landlord acts within the 28-day window, gathers evidence, and issues an IPO claim.
  • The order is granted and served.
  • The squatters leave within 24 hours under the threat of criminal sanction.
  • At the final hearing, a final possession order is granted, confirming the landlord’s position.

Example 2: Commercial Developer with Occupied Warehouse

A developer acquires a warehouse as part of a regeneration project. A week later, security reports signs of squatting.

  • The developer’s legal team checks that the squatters entered after completion (so the developer has had possession throughout) and that the building is clearly within IPO scope.
  • An IPO is applied for and granted; squatters are required to leave within 24 hours.
  • Following the final hearing, the developer obtains a final possession order and can safely proceed with redevelopment, avoiding months of delay.

These examples are simplified but illustrate the speed and deterrent value of IPOs where the conditions are clearly met.

How We Can Help

Interim Possession Orders are a powerful remedy for dealing with commercial squatting, but they are also technical and time-sensitive. Missing a step, misjudging the 28-day limit or misidentifying the occupiers can undermine your case.

Our property and litigation team can:

  • Review your title and occupation documents to confirm whether IPO is available
  • Advise whether an IPO, standard possession claim or other remedy is the most appropriate route
  • Prepare and issue the IPO application and possession claim under CPR Part 55
  • Coordinate service, hearings and enforcement
  • Help you put in place preventative strategies for vacant commercial property

If you are facing unauthorised occupation at your commercial premises, we can discuss your situation, outline your options and help you act quickly to protect your property and projects.

FAQ

What is an interim possession order in England and Wales?
An interim possession order (IPO) is a fast-track court order under Part 55 of the Civil Procedure Rules that allows a property owner or person entitled to possession in England and Wales to require recent trespassers or squatters to leave a building within 24 hours, pending a full possession hearing.

How long does an interim possession order take?
If the eligibility criteria are met and the procedure is followed correctly, an IPO can usually be obtained and enforced so that you regain possession within about 7-14 days, compared to several months for standard possession proceedings.

Who can apply for an IPO?
Only someone who owns the building or is otherwise entitled to immediate possession and who has held that right throughout the period of trespass can apply. The occupiers must be trespassers (not ex-tenants or licensees), and the application must comply with the strict 28-day time limits.

What happens if squatters ignore an IPO?
If squatters remain in the property after the IPO has been served or re-enter as trespassers within one year, they commit a criminal offence under section 76 of the Criminal Justice and Public Order Act 1994. They can be arrested and, if convicted, may face up to six months’ imprisonment and/or a fine.

Can I use an IPO against a former tenant or licensee?
No, IPOs are only available against trespassers as defined in CPR Part 55. Claims against tenants, ex-tenants or licence-holders must use other possession procedures.

Can I use an IPO for open land, such as a field or yard?
No, IPOs apply only to buildings or parts of buildings. If squatters are on open land, you may still be able to bring a possession claim against trespassers, but the IPO regime will not apply.

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