Urban Explorers Have Found Your Vacant Property. Now What?
A broken fence. A forced window. A few photos online. Suddenly, your empty property has become somewhere people want to explore.
They’re trespassing, so it’s their problem... right?
Not necessarily.
Under the Occupiers’ Liability Act 1984, there are circumstances where an occupier can owe a duty to someone entering a property without permission.
And when it comes to vacant buildings attracting urban explorers, knowing what is happening at your property can become increasingly important.
When could you owe a duty?
The Occupiers’ Liability Act 1984 doesn't make property owners automatically responsible for anyone who trespasses.
Broadly, a duty in relation to a particular danger arises where:
You know about the danger, or have reasonable grounds to believe it exists.
You know, or have reasonable grounds to believe, someone may come near that danger.
The risk is one where you could reasonably be expected to offer some protection
In simple terms, the issue is about what you know, what you can reasonably foresee and what precautions are reasonable in the circumstances.
When urban explorers discover your property
Imagine you're responsible for a vacant leisure centre.
The perimeter fence has been damaged.
There’s graffiti, discarded drinks cans and evidence that people have been inside.
Then photographs or videos of the building start appearing online.
Urban explorers have found it.
Inside is a drained swimming pool with a significant open drop.
You now know there's a hazard.
You have evidence that people are gaining access.
And you know that others could potentially follow.
At that point,“they shouldn't be there” isn't the end of the conversation.
The more important question becomes:
What reasonable steps have you taken now that you know?
Is a warning sign enough?
Possibly, depending on the circumstances, but simply putting up a KEEP OUT sign shouldn't necessarily be treated as the end of your risk management.
The 1984 Act recognises that an occupier may discharge the duty by taking reasonable steps to give warning of the danger or discourage people from taking the risk.
Depending on the property and the risks involved, practical measures might include:
Repairing damaged fencing
Securing vulnerable doors and windows
Boarding or strengthening known access points
Restricting access to hazardous areas
Installing appropriate warning signage
Reviewing security following repeated trespass
Increasing the frequency of property inspections
Recording evidence of unauthorised access and subsequent action
The key word is reasonable.
You're not expected to remove every conceivable risk. But known hazards and repeated unauthorised access shouldn't simply be ignored.
The Urban Explorer Effect
This is where vacant properties can become particularly challenging.
Once a building gains attention from urban explorers, evidence of entry may be more than just nuisance trespassing.
It can be an early warning that the property's risk profile has changed.
A previously secure entrance may have been compromised.
Fencing might have been cut or moved.
Internal doors or barriers could have been breached.
And evidence that one group has entered may mean further attempts at access are foreseeable.
This is why vacant-property security should never be install it, lock it and forget it.
Regular inspections matter
Vacant properties can change remarkably quickly.
A building that was secure last week might not be secure today.
Storm damage, vandalism, attempted entry, fly-tipping or changing site conditions can all introduce new hazards and vulnerabilities.
A regular, documented inspection regime can help you:
Identify signs of trespass early
Spot damaged security measures
Identify new hazards
Record property condition
Document action taken
Review whether existing precautions remain appropriate
Most importantly, it provides an opportunity to act before a developing problem becomes a serious incident.
Because once you know people are getting in, one question becomes particularly important:
What did we do about it?
Vacant property security is about more than theft
Protecting an empty building isn't simply about preventing burglary.
It's about understanding who might be trying to access it, how they're getting in, what hazards they could encounter and whether your existing security remains appropriate.
For vacant homes, commercial premises, probate properties, former hospitality or leisure sites and buildings awaiting sale or redevelopment, regular oversight can provide valuable reassurance.
Sensible. Proportionate. Documented.
The Occupiers’ Liability Act 1984 doesn't require occupiers to make trespassing risk-free.
It does, however, recognise circumstances where duties can arise in relation to people who aren't lawful visitors.
For anyone responsible for a vacant or vulnerable property, the practical message is simple:
Know what's happening.
Inspect regularly.
Document what you find.
And respond when circumstances change.
Tarka X SafeHarbour
At Tarka X SafeHarbour, we support property owners, businesses, families and professionals across North Devon with vacant property inspections, keyholding, alarm response and practical property protection.
Because when an empty property starts attracting unwanted attention, finding out early can make all the difference.
Protecting people. Protecting property. Supporting our communities.
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