Curious about the legal aspects of urban exploring? Discover our comprehensive guide covering the laws surrounding urban exploring in Northern Ireland, Scotland, England, Wales, and the Republic of Ireland.
Urbex Guides
One of the most frequently asked questions we receive is whether urbex is illegal. The answer is quite simple: no, not in most cases. While Urban Exploration (Urbex) itself is not illegal, it’s essential to clarify that the act of exploring abandoned buildings and entering private property without the owner’s consent may be considered civil trespass and could lead to legal consequences. In this guide, we’ll explain the laws surrounding Urbex in Northern Ireland, the Republic of Ireland, Scotland, England, and Wales.
Table of Contents
Civil Trespass
Civil trespass is a common law principle in Northern Ireland, the Republic of Ireland, Scotland, England, and Wales. It is a system of law based on judicial decisions and precedents set by previous court cases, rather than specific statutes or codes. As trespass is a matter of civil law, the police have no power to arrest individuals for civil trespass. However, property owners have the right to protect their land and may take legal action against trespassers to claim damages or seek injunctions to prevent further entry.
Exceptions to Civil Trespass
There are some exceptions where Urbex can lead to criminal trespass instead of civil trespass in the UK. These exceptions usually apply to sites of national importance, such as military sites, power stations, airports, government buildings, infrastructure and utility facilities, and historical and cultural sites. Trespassing in these areas can result in criminal charges, which carry more severe penalties than civil trespass.
Northern Ireland
Trespassing onto private property, including abandoned buildings in Northern Ireland is considered a civil offense. According to the common law principles of civil trespass, entering someone else’s private property without permission or lawful authority can lead to legal consequences.
Private property owners in Northern Ireland have a right to protect their land and may take legal action against trespassers to recover damages to seek an injunction to prevent any future entry.
Republic of Ireland
In Irish Law, a trespasser is an individual who lacks authority or consent to be on your property. Trespass is a civil matter in Ireland, and the landowner has a duty to not intentionally injure or harm the individual nor act with a reckless disregard for their safety. Urbex exploration in the Republic of Ireland is considered civil trespass. The landowner may take legal action against urban explorers to seek an injunction to prevent further access by the individual or recover damages if any occur.
In 2019, Justice spokesperson Jim O’Callaghan TD called for trespassing to become a criminal offense.
“At present, illegal trespassing is dealt with solely under our civil law system. It is not treated as a criminal issue.
Fianna Fáil believes that this needs to be changed so that some serious forms of trespass can be categorized as crimes. This is necessary to deal with those types of trespass which are for the purpose of gathering information about property that can be then be used to commit theft and burglary.
That type of premeditated trespass can have a very damaging impact on farmers, landowners, and businesses.”
As of 2023, trespass is still a civil offense in Ireland. The Minister for Justice, Simon Harris replied to a question from Deputy Niall Collins in April who asked Mr. Harris for “his plans, if any to reviews and update the laws around trespass.”
There is already robust legislation in place in relation to trespass and I have, therefore, no plans to change the law in this regard, but the situation will be kept under review.
Minister for Justice – Simon Harris
Scotland
In Scotland, the law surrounding urbex is slightly different from the rest of the United Kingdom. Scotland has a unique legal concept, known as the “right to roam.” This allows individuals greater access to certain types of land. The “right to roam” is governed by the Land Reform (Scotland) Act of 2003 and allows individuals to access and roam freely on most land and inland water regardless of whether it is privately owned.
The Land Reform Act 2003 grants everyone in Scotland the following rights:
- Responsible Access: The right to be on most land and inland water as long as it is accessed responsibly and with respect to the landowner, environment, and others.
- Access Rights: The right to walk, cycle, and cross most land and inland water while taking into consideration that houses and gardens are exempt from this right.
- Recreational activities: The right to engage in recreational activities such as traditional past times including picnicking, camping, bird watching whilst still adhering to responsible access.
- Respect for landowners: The right to roam does not permit access to buildings or cultivated fields.
How it relates to Urban Exploration (Urbex)
Whilst previously mentioned that the right to roam allows individuals to access most land, it does not extend to buildings, including abandoned ones. Entering an abandoned building would be considered trespassing and thus it is a civil offense.
England and Wales
Unlike Scotland, England and Wales do not have any right to roam. Entering abandoned buildings is a civil trespass in England and Wales.
Landowners can take legal action to recover damages if any occur or to get an injunction to stop further visits by the individual.
Final Thoughts
Before you go, it is important to remember that this guide is our interpretation of the guidelines around trespassing for urban exploration in the UK and Ireland. Always seek your own independent legal advice before partaking in urbex.
Remember that forcing access, vandalism, taking items from abandoned buildings, or refusing to leave if asked are all criminal offenses. Don’t ruin it for everyone else. If possible, always ask for permission first before entering an abandoned building.
Happy exploring!
