Urban exploration—often referred to as “urbex”—has grown in popularity in recent years, with individuals drawn to the mystery and history of abandoned buildings. From derelict hospitals and disused factories to forgotten stately homes, these sites offer a glimpse into the past. However, while the activity may seem harmless or even adventurous, exploring abandoned buildings can raise serious legal issues.
At Blackstone Solicitors, we advise clients across England and Wales on property law, trespass, and liability. In this article, we examine whether it is illegal to explore abandoned buildings, the potential consequences, and the legal framework that governs such activity.
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What Is Urban Exploration?
Urban exploration involves entering and photographing abandoned or rarely accessed buildings and structures. Enthusiasts often seek out locations that are no longer in use, such as:
- Disused industrial sites
- Vacant residential properties
- Derelict public buildings
- Underground tunnels and bunkers
While some explorers act respectfully and avoid causing damage, others may engage in risky or unlawful behaviour. The legality of urban exploration depends on several factors, including property ownership, access rights, and the condition of the building.
Is It Illegal?
In most cases, exploring abandoned buildings without permission is illegal. The key legal issue is trespass, but other offences may also apply depending on the circumstances.
- Trespass
Trespass occurs when a person enters land or property without the owner’s permission. In England and Wales, trespass is generally a civil matter, meaning the property owner can take legal action against the trespasser but it is not automatically a criminal offence.
However, trespass becomes a criminal matter in certain situations:
- Aggravated trespass: If the trespasser disrupts lawful activity or causes harm.
- Trespass on designated sites: Certain locations, such as military bases or railway property, are protected by specific legislation.
- Squatting in residential buildings: This is a criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Even where trespass is not criminal, it can result in civil claims for damages or injunctions.
- Criminal Damage
If an explorer causes damage to the property—whether intentionally or recklessly—they may be guilty of criminal damage under the Criminal Damage Act 1971. This includes:
- Breaking windows or doors to gain entry
- Damaging fixtures or fittings
- Graffiti or vandalism
Criminal damage is a serious offence and can result in prosecution, fines, or imprisonment.
- Burglary
Under section 9 of the Theft Act 1968, burglary includes entering a building as a trespasser with intent to steal, inflict bodily harm, or cause unlawful damage. Even if no theft occurs, entering with such intent may constitute burglary.
This means that explorers who enter abandoned buildings with tools or equipment that could be used for theft or damage may be at risk of prosecution.
- Health and Safety Offences
Exploring unsafe or structurally unsound buildings can pose significant risks. If someone is injured while exploring, the property owner may be liable under occupiers’ liability laws—but the explorer may also face consequences for entering unlawfully.
In some cases, local authorities or police may take action to prevent access to dangerous sites.
Legal Framework
Several pieces of legislation govern the legality of exploring abandoned buildings:
- Criminal Damage Act 1971
- Theft Act 1968
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Occupiers’ Liability Act 1957 and 1984
- Protection from Eviction Act 1977
- Anti-social Behaviour, Crime and Policing Act 2014
These laws provide a framework for property rights, trespass, and public safety. Legal advice is essential to understand how they apply in specific cases.
Civil Liability and Consequences
Even if criminal charges are not pursued, explorers may face civil liability for their actions.
Property Damage
Owners can sue for the cost of repairs or loss of value caused by unauthorised entry.
Injunctions
Courts may issue injunctions preventing individuals from entering specific sites or engaging in further exploration.
Personal Injury
If an explorer is injured while trespassing, they may have limited rights to claim compensation. Under the Occupiers’ Liability Act 1984, property owners owe a duty of care to trespassers in certain circumstances—but this duty is limited and does not cover reckless behaviour.
Common Misconceptions
There are several myths surrounding urban exploration and the legality of entering abandoned buildings:
“If the building is abandoned, no one owns it”
False. Most abandoned buildings are still owned by individuals, companies, or public bodies. Ownership does not lapse simply because a property is unused.
“It’s not illegal if you don’t cause damage”
Incorrect. Entering without permission is trespass, regardless of whether damage occurs.
“Taking photos is allowed”
Photography does not override property rights. Taking photos while trespassing may still be unlawful, and publishing images could lead to further legal issues.
“The police won’t get involved”
While trespass is often a civil matter, police may intervene if criminal offences are suspected or public safety is at risk.
Risks and Dangers
Exploring abandoned buildings is not only legally risky—it can be physically dangerous.
Structural Hazards
Derelict buildings may have unstable floors, collapsing roofs, or exposed wiring.
Asbestos and Contaminants
Older buildings may contain hazardous materials such as asbestos, lead paint, or chemical residues.
Criminal Activity
Some abandoned sites attract criminal behaviour, including drug use or illegal dumping.
Injury and Liability
Explorers who are injured may have limited legal recourse and could face liability for any harm caused to others.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide expert legal advice on property law, trespass, and liability. Our services include:
- Advising property owners on protecting vacant buildings
- Drafting and enforcing injunctions against trespassers
- Liaising with local authorities and enforcement agencies
We act for individuals, businesses, and public bodies across England and Wales, offering clear, practical guidance tailored to your circumstances.
Conclusion
Exploring abandoned buildings may seem like a harmless hobby, but it carries significant legal and safety risks. In most cases, entering such properties without permission constitutes trespass and may lead to criminal charges, civil liability, or personal injury.
Understanding the legal framework is essential for anyone considering urban exploration. At Blackstone Solicitors, we are committed to helping clients protect their property rights and navigate the complexities of property law with confidence.
Whether you are a property owner seeking to secure a vacant site or an individual facing legal action, our experienced team is here to help.
How to Contact Our Commercial Property Solicitors
It is important for you to be well informed about the issues and possible implications of commercial and residential property law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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