Urban exploring law UK

Urban exploration law UK

@Midlands Urban Eye

Introduction: This article is purely to ensure that urban explorers know the law before exploring abandoned sites, hopefully this will give newcomers to the community some extra knowledge to prevent any complications while exploring.

Law: In the UK trespassing is a grey area, 
Some types of trespassing are safer than others. Entering an abandoned building or site is not actually a criminal offence regardless of it being an act of trespassing. Signs reading "Trespassers will be prosecuted" like the one on the right here are basically pointless as they are untrue. However there are many different types of trespassing and some actions may cause trouble in terms of the law. Trespassing to simply explore is not something police will arrest you for if that is all you are doing, because as mentioned, it is not a criminal offence. However, if you decide to take something, you've smashed or broken something or you've broken your way into the building/site, it can then be classed as a criminal offence as it would come under criminal damage, vandalism and or theft. Three separate matters to trespassing especially if the derelict site is still owned by a land owner or company. Here's a list of the types of trespassing and and what they mean:

Civil trespass: Civil trespass is known as simple trespassing which is not a criminal offence in the UK. You are highly unlikely to be arrested for this, despite the fact that police may attend in some cases especially if they feel another fence will or has been committed. In England and Wales you can be taken to court by the landowner for civil trespass but in one off situations of exploration its unlikely. 

Aggravated trespass: This is trespass committed with the intent to intimidate or disrupt people, Which is not likely the case for explorers as there is nobody to disrupt at abandoned places, it only applies on live sites if you intend to cause disruption, this is another type you cannot be prosecuted for.

Criminal trespass: This applies to a number of places including any and most governmental, transit and scientific/geographic locations. This also applies to sites with by-laws and is a criminal offence which can be prosecuted. Its best to stay away from airports, railways, government and military locations, power stations etc. 

Burglary: This is trespassing with the intent to steal, commit criminal damage , GBH or rape on the site. Police can arrest you if they feel you have or were likely to commit one of these acts. Intent would cover things like carrying tools on you which in general is a bad idea as its illegal to carry multiple tools to a place like that as it can be classed as "intent to commit theft, break an entry or cause criminal damage". Sometimes it can even be classed as an "offensive weapon". 

Theft: Obvious from the name, this would be trespassing on a site and taking items from the site that don't belong to you, which depending on if its own and who owns it, can get you in allot of trouble.

Criminal damage: This is where you intentionally cause damage to property, this includes graffiti, arson and vandalism. Under this type, carrying anything police feel you could use to damage property is also classed as an offence, in example: Using a screwdriver to remove screws or chisel/crowbar to enter a building is illegal. 

Breach of peace: This covers causing annoyance, or distress to members of the public, this includes refusing to leave a site when asked by security, and hanging from high places to cause concern to the public. This is an offence police can take action on and its highly advise to simply respect the public and securities wishes. 

Vagrancy: This covers being at a site for an unlawful purpose, and us purely down to the police dealing with the situation what happens, prosecution is highly unlikely.

Manufacture and storage of explosive: This covers any site that is used for the creation of explosives including fireworks, these come under MSER 2005. In terms of urban exploring if its an abandoned factory that used to make explosives such as fireworks, its not a criminal offence to explore if the place has been completely decommissioned and is definitely abandoned and has NO explosives or explosive making devices/machines left. 




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