Category: Uncategorized

A regulated industry

Homeowners and landlords who arrange a patrol, a key-holding service or monitored CCTV are often hiring people in a licensed trade without realising it. This article summarises GOV.UK guidance published by the Security Industry Authority (SIA), including “Find out if you need an SIA licence”, which was published on 14 October 2020 and last updated on 29 January 2026, the SIA’s “About us” page and the GOV.UK page on checking security staff. The SIA describes itself as the regulator of the UK’s private security industry, established under the Private Security Industry Act 2001, and says the Act covers England, Wales, Scotland and Northern Ireland. Some details differ by nation and are noted below. This article is general information, not legal advice.

The regulated activities (UK-wide)

The SIA lists the activities covered by the Act as cash and valuables in transit, close protection, door supervision, public space surveillance (CCTV), security guarding and key holding, plus vehicle immobilisation in Northern Ireland only. The GOV.UK licensing guidance describes those relevant to homes and small sites as follows:

• Security guarding: guarding premises or property against damage, theft, unauthorised access or disorderly behaviour.
• Key holding: keeping, or controlling access to, any key or device for operating a lock.
• Public space surveillance (CCTV): identifying people or monitoring activities to guard premises against disorder or damage, or to protect people from assault or injury from unlawful conduct.

Contract for services versus in-house (UK-wide)

The guidance says a front line licence is needed when the work forms part of a “contract for services” and involves a licensable activity. It illustrates this with an employer that places a guard in a shop and charges the shop a fee, and with a self-employed business contracted to provide close protection. A person employed directly by the company that uses the services, such as a supermarket chain’s own guard, does not usually need a licence. Two activities require a licence even for in-house staff: door supervision at licensed premises, and vehicle immobilising, which applies only in Northern Ireland.

Directors and managers (UK-wide)

A director, partner, manager or supervisor of a business that supplies security operatives under contracts for services needs either a front line or a non-front line licence. Anyone who personally performs a licensable activity needs a front line licence whatever their job title.

CCTV and licensing (UK-wide)

An SIA response to a freedom of information request, published on GOV.UK, says a CCTV licence is needed when guarding premises, property or people by using CCTV to watch members of the public or identify particular people, or to guard against disorder or protect people from assault. It says licensable activity is not determined by the type of camera, such as pan-tilt-zoom equipment. A door supervisor, close protection or security guarding licence also covers using CCTV to identify a trespasser or protect property, but a CCTV licence is still needed where the work involves guarding against disorder or protecting people from assault.

Who does not need a licence (UK-wide)

The guidance lists people who do not need a licence. They include volunteers with an agreement that they will receive no payment or reward, people checking that visitors have paid or have an invitation (unless they then refuse entry or make people leave), stewards directing people to seats or facilities, and people responding to a sudden or unexpected event, such as a receptionist helping to evacuate a building when a fire alarm sounds. Certain airport staff are also exempt, as are in-house staff at a certified sports ground in England or Wales.

Checking a licence before hiring (UK-wide)

GOV.UK’s page on checking security staff says a person must check that someone has the correct licence before hiring them for private security work. The SIA’s public register of licence holders can be searched by the 16-digit licence number, or by surname with details such as date of birth and security role. It says a person could be fined or sent to prison for paying someone to work in security without the right SIA licence.

Approved contractors (UK-wide)

The SIA launched its Approved Contractor Scheme, which is voluntary, in 2006. The Register of Approved Contractors lists the organisations that have met its requirements. It can be filtered by licensable activity, including key holding, security guard and public space surveillance, and by region.

Alarms are a separate matter

Installing and monitoring intruder alarms do not appear among the SIA’s regulated activities. Certification of alarm installers by industry bodies is covered separately in this site’s article on NSI and SSAIB accreditation, and the standards that apply to monitored CCTV are explained in the article on BS 8418 and the police URN.

Common questions

Does an in-house employee need an SIA licence? Not usually, except for door supervision at licensed premises and, in Northern Ireland, vehicle immobilising.

Is the Approved Contractor Scheme compulsory? The SIA describes it as voluntary.

The bottom line

Under the Private Security Industry Act 2001, people who guard property, hold keys or watch CCTV for others under a contract for services generally need an SIA licence, and anyone hiring them is expected to check the register first. In-house employees are mostly exempt, alarm installation and monitoring are outside the licensing list, and the voluntary Approved Contractor Scheme offers a further check on companies.

Sources

• GOV.UK, “Find out if you need an SIA licence”
• Security Industry Authority (freedom of information response), GOV.UK, “Licensing requirements for the use of CCTV”
• GOV.UK, “Check security staff have a licence to work”
• Security Industry Authority, GOV.UK, “About us”
• Security Industry Authority, “Register of Approved Contractors”

Empty homes and the criminal law

Owners of second homes, inherited houses and rental properties between tenants often worry about what happens if someone moves in. This article summarises section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 as published on legislation.gov.uk, where the section is marked as extending to England and Wales, together with GOV.UK guidance on squatting law. The guidance on adverse possession applies to England. Scotland and Northern Ireland are outside the scope of this article because the section does not extend to them and they have separate law. This is general information, not legal advice.

The offence in section 144 (England and Wales)

A person commits the offence if three conditions are met. The person must be in a residential building as a trespasser, having entered it as a trespasser. The person must know or ought to know that they are a trespasser. And the person must be living in the building, or intend to live there, for any period.

The section treats a person who derives title from a trespasser, or has a trespasser’s permission, as still being a trespasser. It also applies whether the person entered before or after the section came into force.

What counts as a residential building (England and Wales)

Section 144 defines a building as any structure or part of a structure, including a temporary or moveable structure. A building is residential if it was designed or adapted, before the time of entry, for use as a place to live. The definition looks at the building’s design or adaptation before entry, not at whether anyone was living in it at the time. That is why the offence can cover an empty house or a flat between tenancies.

Tenants and others who remain (England and Wales)

The offence is not committed by a person holding over after the end of a lease or licence, even if the person leaves and re-enters the building. GOV.UK’s overview says that people who had the landlord’s permission at the start, such as tenants in rent arrears, are not classified as squatters. A former tenant who stays on is therefore outside the squatting offence.

Penalty and police powers (England and Wales)

The section provides for conviction on a summary basis, meaning in the magistrates’ court. The statute, as revised on legislation.gov.uk, expresses the penalty as imprisonment not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale, or both, and it applies a limit of six months to offences committed before section 281(5) of the Criminal Justice Act 2003 commenced. GOV.UK’s plain-English overview gives the penalty as up to six months in prison, a £5,000 fine or both. Where the two differ, the text of the statute is the primary source.

Subsection (8) amends section 17 of the Police and Criminal Evidence Act 1984, which deals with entry for the purpose of arrest, so that the squatting offence is added to the list of offences to which that power of entry relates.

Non-residential property (England and Wales)

GOV.UK says squatting in a non-residential building or land is not in itself a crime. It describes a non-residential property as any building or land that is not designed to be lived in. Criminal offences can still arise from what people do while there. GOV.UK lists damaging the property during entry or occupation, refusing to leave after a court order, theft, unauthorised use of utilities such as electricity and gas, fly-tipping and breaching a noise abatement notice. It advises contacting the police if someone is seen breaking into or damaging a property.

Failing to leave when required (England and Wales)

GOV.UK’s overview says that failing to leave when told to do so by the property owner, the police or the council, or following a repossession order, typically constitutes an offence. For owners, the practical significance is that the offence in section 144 sits alongside these other routes rather than replacing them.

Adverse possession (England)

Separate from the criminal offence is the civil route by which long occupation can lead to a claim to ownership. GOV.UK says a squatter can apply if they, or a succession of squatters, have occupied the property continuously for 10 years, or 12 years if it is not registered with HM Land Registry, and acted as owners throughout without the owner’s permission. For registered land, an application goes to HM Land Registry with a statement of truth, the owner is notified and has 65 days to object, and the application is usually rejected automatically if they do. The applicant can apply again after two years if the owner has not tried to remove them, the property has not been reclaimed and they remain in possession. The guidance applies to England.

Insurance and security angles

Long vacancy affects insurance as well as security. This site’s article on the Financial Ombudsman and unoccupied property claims sets out what the Ombudsman says about claims on unoccupied homes, and the holiday checklist covers routine precautions for a home left for a short time.

Common questions

Is squatting a crime everywhere in the UK? Section 144 extends to England and Wales only. Scotland and Northern Ireland have separate law.

Is a shop or garage covered by section 144? Only residential buildings are covered. GOV.UK says occupying non-residential property is not in itself a crime.

Does a former tenant who stays on commit the offence? Section 144 says no for a person holding over after the end of a lease or licence.

The bottom line

In England and Wales, entering a residential building as a trespasser and living there, or intending to, is a criminal offence under section 144, whether or not the building is occupied at the time. Non-residential property is different, since occupying it is not itself a crime, though damage, theft and utility abuse are. Long occupation can also support a civil claim to ownership in England after 10 or 12 years, depending on registration.

Sources

• legislation.gov.uk, “Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144 (Offence of squatting in a residential building)”
• GOV.UK, “Squatting and the law: Overview”
• GOV.UK, “Squatting and the law: Squatting in non-residential properties”
• GOV.UK, “Squatting and the law: Squatters’ rights to property”

Statutory rights sit behind every purchase

A smart lock that drains its batteries in a week, a camera that never connects or an alarm panel that fails after a month raises the same question: what is the shop obliged to do? This article summarises Part 1 of the Consumer Rights Act 2015 as published on legislation.gov.uk, covering sections 9, 19, 22, 23, 24, 33 and 34. The Act applies across the United Kingdom, including England, Wales, Scotland and Northern Ireland, and the legislation site notes no Scotland-specific variation in section 19. The legislation site records pending amendments to some of these sections under the Digital Markets, Competition and Consumers Act 2024, so the current text should be checked for the exact remedy steps. This article is general information, not legal advice.

What the goods must be like (UK-wide)

Section 9 implies a term that the quality of goods is satisfactory in every contract to supply goods to a consumer. Quality is judged by what a reasonable person would consider satisfactory, taking account of the description, the price and all other relevant circumstances. The section lists aspects of quality that may be relevant: fitness for all the purposes for which goods of that kind are usually supplied, appearance and finish, freedom from minor defects, safety and durability.

Public statements matter. The section treats statements about specific characteristics made publicly by the trader or the producer, particularly in advertising or labelling, as relevant circumstances. A published claim about a device’s battery life or connectivity is therefore part of the picture. The term does not cover defects specifically drawn to the consumer’s attention before the contract was made, or defects that an examination before purchase should have revealed.

The range of remedies (UK-wide)

Section 19 lists what a consumer can do when goods do not conform to the contract. For a breach of the statutory terms in sections 9 to 14, there are three tiers: the short-term right to reject, the right to repair or replacement, and the right to a price reduction or the final right to reject.## The 30-day right to reject (UK-wide)

Under section 22, the short-term right to reject ends at the close of 30 days beginning with the first day after ownership or possession has passed, the goods have been delivered and any required installation has been completed. For a hard-wired doorbell or an alarm that needs fitting, the clock therefore starts once the installation is complete. The section says the right cannot be lost through prior agreement before the time limit ends. If the consumer asks for a repair or replacement, the 30-day period can be suspended. If replacement goods also fail to conform, the consumer has 7 days from receiving them or the rest of the original period, whichever is longer.

Repair or replacement (UK-wide)

Section 23 gives the consumer the right to require repair or replacement. The trader must do this within a reasonable time and without significant inconvenience, and must bear any necessary costs, including labour, materials and postage. The consumer cannot require a remedy that is impossible or disproportionate compared with the alternative. Disproportion is judged against the value of conforming goods, the significance of the lack of conformity and whether the other remedy would cause the consumer significant inconvenience. Section 23 also says a consumer who requires or agrees to a repair cannot require a replacement without first giving the trader a reasonable time to carry out the repair, unless that would cause the consumer significant inconvenience.

Price reduction and the final right to reject (UK-wide)

Section 24 allows a consumer to require a reduction in price, up to the full price where appropriate, or to exercise the final right to reject. The final right to reject arises only when repair or replacement has failed, cannot be carried out, or was not done within a reasonable time. If the final right to reject is exercised within six months of the start date, no deduction may be made for use. Outside that window the refund can be reduced to reflect use, except in specified situations. Section 19 also reverses the burden of proof for the first six months after delivery: goods that do not conform within six months are taken not to have conformed on the delivery date.

Apps and connected features (UK-wide)

Smart devices depend on software. Section 33 brings digital content supplied free with paid goods or services within the Act’s digital content chapter, so long as it is not generally available without payment. Section 34 then implies a term that digital content is of satisfactory quality. Whether a particular companion app falls within these sections depends on how it is supplied, but a lock or camera that cannot be used without a failing app illustrates why the two chapters are read together.

Common questions

Does the trader or the manufacturer carry the rights? The statutory terms are implied into the contract between the consumer and the trader, so the remedies run against the trader that sold the goods.

Can the retailer’s terms shorten the 30 days? Section 22 says the right cannot be lost through prior agreement before the limit ends.

The bottom line

Across the UK, a smart lock, camera or alarm must be of satisfactory quality, and a consumer can reject faulty goods within 30 days, require repair or replacement, and then seek a price reduction or a final rejection if the fix fails. Within six months of delivery a non-conforming item is presumed to have been faulty on delivery, and a final rejection in that window allows no deduction for use.

Sources

• legislation.gov.uk, “Consumer Rights Act 2015, section 9 (Goods to be of satisfactory quality)”
• legislation.gov.uk, “Consumer Rights Act 2015, section 19 (Consumer’s rights to enforce terms about goods)”
• legislation.gov.uk, “Consumer Rights Act 2015, section 22 (Time limit for short-term right to reject)”
• legislation.gov.uk, “Consumer Rights Act 2015, section 23 (Right to repair or replacement)”
• legislation.gov.uk, “Consumer Rights Act 2015, section 24 (Right to price reduction or final right to reject)”
• legislation.gov.uk, “Consumer Rights Act 2015, section 33 (Digital content contracts to which this Chapter applies)”
• legislation.gov.uk, “Consumer Rights Act 2015, section 34 (Digital content to be of satisfactory quality)”

Boundary security starts with planning rules

A taller fence or a solid gate is one of the first ideas householders reach for after a burglary scare. In England, the height at which a boundary structure needs planning permission depends mainly on whether it sits next to a road. This article summarises the Planning Portal’s guidance on fences, gates and garden walls, which applies to England only, the text of Class A of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, and section 164 of the Highways Act 1980, which extends to England and Wales. Wales, Scotland and Northern Ireland have their own planning rules, which are outside the scope of this article. It is general information, not legal advice.

The two height limits (England)

The Planning Portal says planning permission is not needed to erect, alter, maintain, improve or take down a fence, wall or gate where it is next to a highway used by vehicles, or the footpath of such a highway, and it would not exceed one metre in height from ground level. Elsewhere the limit is two metres from ground level.

Class A of the 2015 Order gives the underlying right. It covers the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure. The Order sets the same one-metre limit where the structure is adjacent to a highway used by vehicular traffic and two metres in other cases. It also provides a specific rule for schools, which is not relevant to homes.

Replacing or altering an existing boundary (England)

The Order says that where an existing structure is maintained, improved or altered, it must not exceed its original height or the applicable limit for a new structure, whichever is greater. The Planning Portal similarly says the right is not available where an existing fence, wall or gate already exceeds the limits and its height would be increased. Replacing a fence like for like is therefore treated differently from raising it.

When the right does not apply (England)

The Planning Portal lists conditions under which the height allowances cannot be used:

• the site is a listed building or lies within the curtilage of one;
• the boundary forms a boundary with a neighbouring listed building or its curtilage; or
• the right has been removed by an Article 4 direction or a planning condition.

Class A itself excludes development within the curtilage of, or affecting an enclosure surrounding, a listed building. The Planning Portal adds that in a conservation area, permission might be needed to take down a fence, wall or gate, and that additional local rules may affect what is required.

What this means for front boundaries (England)

A boundary running along a public road, and therefore adjacent to a highway used by vehicles, cannot be raised above one metre under this right. A solid two-metre front fence or wall beside a road would need planning permission unless another route applies. A boundary that is not adjacent to a highway used by vehicles falls under the higher two-metre limit, subject to the exceptions above, so a fence between two back gardens is treated differently from a front wall.

Gates follow the same rules as fences and walls. Where a gate is powered or an automatic barrier, planning height limits are only one of the requirements, and the health and safety duties are covered in this site’s article on powered gates and automatic barriers. Physical deterrents such as climbing barriers are discussed in the guide to anti-climb systems.

Hedges (England)

The Planning Portal states that planning permission is not needed for hedges, although restrictions may apply where covenants or planning conditions govern planting. A dense boundary hedge is not covered by the fence height limits, though it remains subject to any conditions attached to the property.

Barbed wire beside a highway (England and Wales)

Section 164 of the Highways Act 1980 addresses barbed wire on land next to a highway. It applies where the wire is a nuisance to the highway because it is likely to be injurious to people or animals lawfully using the highway. The highway authority, or the local authority for the area, can serve written notice on the occupier of the land requiring the nuisance to be dealt with within a period of not less than one month and not more than six months. If the notice is ignored, the authority can seek a magistrates’ court order, and if that is ignored it may remove the wire and recover the cost from the occupier. The text is framed around barbed wire and does not mention other deterrent products.

Common questions

Does a fence panel replacement need planning permission in England? Not where the right in Class A applies and the height stays within the original height or the applicable limit, whichever is greater.

Does a front wall of 1.5 metres by a residential road need permission? On the Planning Portal’s wording, a structure adjacent to a vehicular highway above one metre falls outside the permitted development right.

How can an owner tell whether an Article 4 direction applies? The right can be removed by an Article 4 direction or a condition attached to the property, and the Planning Portal advises checking for additional local rules before applying or starting work.

The bottom line

In England, a fence, wall or gate next to a road can generally be built or altered without planning permission up to one metre, and up to two metres elsewhere, unless the property is listed, forms a boundary with a listed neighbour, or the right has been withdrawn by an Article 4 direction or condition. Anyone planning taller front boundary security should confirm the position with the local planning authority first, and in England and Wales the barbed wire power in the Highways Act 1980 sits alongside the planning rules.

Sources

• Planning Portal, “Fences, gates and garden walls: planning permission”
• legislation.gov.uk, “The Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2, Part 2 (Minor operations)”
• legislation.gov.uk, “Highways Act 1980, section 164 (Power to require removal of barbed wire)”

A separate regime for audible alarms

An alarm that keeps sounding after the owner has left for the airport is a neighbourhood problem as much as a security one. This article summarises GOV.UK guidance for councils on noise from intruder alarms, which states that it applies to England and was last updated on 21 December 2017, together with the text of the Clean Neighbourhoods and Environment Act 2005 and the Environmental Protection Act 1990 as published on legislation.gov.uk. The alarm provisions of the 2005 Act extend to England and Wales. Scotland and Northern Ireland have separate arrangements that are outside the scope of this article, which is general information and not legal advice.

Alarm noise as a statutory nuisance (England and Wales)

Section 79(1)(g) of the Environmental Protection Act 1990 lists noise emitted from premises so as to be prejudicial to health or a nuisance as a statutory nuisance. The legislation carries separate versions for England and Wales and for Scotland. GOV.UK guidance for England says councils must look into complaints about noise that may amount to a statutory nuisance and must serve an abatement notice where one exists or is anticipated.

For alarms specifically, the guidance says councils can issue an abatement notice, which they must do if an alarm is causing a statutory nuisance, and a warning notice for noise between 11pm and 7am. The guidance presents these notices and the alarm notification area scheme described below as separate tools.

Alarm notification areas (England and Wales)

Section 69 of the 2005 Act allows a local authority to designate all or part of its area as an alarm notification area. The authority must publish a proposal in a local newspaper, allow at least 28 days for representations, consider them and publish its decision, which takes effect at least 28 days after notification. Legislation.gov.uk records that section 69 came into force on 6 April 2006 in England and on 15 March 2007 in Wales. Section 70 deals with withdrawing a designation. Designation is optional: the section says a local authority “may” designate.

Once an area is designated, section 71 requires the responsible person for premises with an installed audible intruder alarm to nominate a key-holder and to notify the council in writing of the key-holder’s name, address and telephone number. Failing to do so is an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale, which GOV.UK guidance gives as up to £1,000.

Section 72 sets the timing. The nomination must be made within 28 days of the designation taking effect, where the alarm already existed, or of the installation being completed. A replacement must be nominated within 28 days of the responsible person learning that a key-holder no longer meets the requirements.

Fixed penalties (England and Wales)

Sections 73 and 74 allow an authorised officer to offer a fixed penalty as an alternative to prosecution for the key-holder offence. No proceedings can begin until 14 days after the notice is given. The amount is whatever the local authority specifies for its area or, if none is specified, £75. GOV.UK guidance says the amount is between £50 and £80.

Who can act as a key-holder (England and Wales)

Section 72 and the GOV.UK guidance set out the conditions. A key-holder must:

• hold keys that give access to the alarm controls;
• live or work near the premises;
• know how to silence the alarm; and
• have agreed to act.

For residential premises, the key-holder must be a person who is not the occupier or a key-holding company, which section 72 describes as a business whose activities include key-holding and which operates around the clock. For non-residential premises, the owner or occupier, a representative or a key-holding company can act.

Entry to silence an alarm (England and Wales)

Section 77 gives an authorised council officer a power of entry to silence an audible intruder alarm when three conditions are met. The alarm must have sounded continuously for more than 20 minutes, or intermittently for more than an hour. The sound must be likely to give people living or working nearby reasonable cause for annoyance. In a designated alarm notification area, reasonable steps must also have been taken to get the nominated key-holder to silence it.

The section says an officer may not enter by force and must show evidence of authority on request. GOV.UK guidance adds that a warrant is needed if force is required.

Practical points for alarm owners (England and Wales)

Owners can reduce the chance of a call-out by keeping key-holder details current and by making sure the nominated person can reach the property quickly. Repeated false triggers are a separate problem with their own causes, covered in this site’s root-cause checklist for repeated false alerts. How police treat unverified alarms is a different question from council noise powers and is explained in the article on unverified alarm response.

Common questions

Can a council break in to silence an alarm in England or Wales? Section 77 excludes entry by force, and GOV.UK guidance says a warrant is needed if force is required.

Does every council operate an alarm notification area? No. Section 69 makes designation a choice for each authority, and the notices are published locally and sent to premises in the area.

Who receives the fixed penalty notice? The offence under section 71 concerns the responsible person for the premises, so the notice is directed at the person who failed to notify key-holder details.

The bottom line

In England and Wales, a stuck or persistent burglar alarm can be dealt with as a statutory noise nuisance and, in areas a council has designated, through key-holder registration backed by fixed penalties of £75 by default. Officers can enter without force after 20 minutes of continuous sounding or an hour of intermittent sounding, once reasonable steps to reach a key-holder have been taken. Owners in a designated area should register a suitable key-holder within 28 days.

Sources

• GOV.UK, “Noise nuisances: how councils deal with complaints”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 69 (Designation of alarm notification areas)”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 70 (Withdrawal of designation)”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 71 (Notification of nominated key-holders)”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 72 (Nomination of key-holders)”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 73 (Fixed penalty notices)”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 74 (Amount of fixed penalty)”
• legislation.gov.uk, “Clean Neighbourhoods and Environment Act 2005, section 77 (Power of entry)”
• legislation.gov.uk, “Environmental Protection Act 1990, section 79 (Statutory nuisances and inspections therefor)”

A trade anyone can enter

A burglary, a snapped key or a lock-out can leave a household needing a locksmith within the hour, and search results often list companies advertising very low prices. This article summarises guidance from Bromley Council Trading Standards, the Master Locksmiths Association (MLA) and the Business Companion guidance for traders, together with Which? and the text of the Consumer Contracts Regulations 2013. The Business Companion guidance covers England, Scotland and Wales, and the Regulations extend to the whole UK. It is general information, not legal advice.

No statutory licensing

The MLA, which is a trade association for locksmiths, states that there is no regulation in the locksmithing industry and that, effectively, any locksmith can charge any price they wish. Its statement is a description from a body with an interest in promoting its own members, but it is consistent with the warnings from Trading Standards below. Bromley Trading Standards’ alert of February 2025 lists poor quality work, excessive charges and difficulty obtaining redress among the risks of using a rogue trader.

Warning signs the sources describe

Both Bromley Trading Standards and the MLA warn about the tactic of drilling a lock as a first attempt at opening a door, when non-destructive methods are available. Drilling can turn a simple lock-out into an expensive lock replacement. Bromley also advises avoiding suspiciously cheap prices in search results and confirming that the caller is dealing directly with the locksmith rather than a subcontractor.

The MLA lists further red flags: a very cheap advertised price, a national company or call centre that subcontracts the work, and vague discussion of pricing. It gives an advertised price in the range of £39 to £59 as an example of a price that points to a scam.

What to do before an emergency

Bromley Trading Standards recommends identifying a trustworthy locksmith before an emergency arises, reading reviews and checking membership of trade organisations, and using a locksmith approved by the Trading Standards Checked scheme where one is available locally. It also advises requesting a quote before authorising any work.

The MLA states that its approved locksmiths are criminal-record checked, regularly inspected and have passed the MLA qualification. These are the association’s own claims, and they can be checked through the MLA’s member search rather than taken from a company’s website logo.

What Which? reported

Which? published an investigation of locksmith scams in April 2024. It describes bait-and-switch pricing, in which a low initial quote rises sharply once the locksmith is on site, and says scammers can manipulate search adverts to look legitimate. It gives the example of a victim quoted between £60 and £120 who was charged £500 for a job of about 15 minutes and later negotiated the bill down to £300. Which? lists further red flags as intimidating behaviour, demands for cash and calls answered by a call centre rather than a locksmith, and it repeats that locksmiths are not regulated, so technically anyone can call themselves one.

For prevention it suggests using the MLA database, asking friends for recommendations, checking reviews, sending photos of the job to obtain quotes, and verifying website addresses.

Your cancellation rights are limited in an emergency

Many consumers assume the 14-day cooling-off period will let them cancel a service booked at home. Under regulation 28(1)(e) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the cancellation rules do not apply to contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance.

The Business Companion guidance explains the exception in the same terms and adds that it applies only to those specific services. Regulation 28(2) provides that the cancellation rights still apply to any services beyond the urgent work requested and to goods other than replacement parts necessarily used in the repair, if they are supplied during that visit. A locksmith who sells an additional product or upgrade during a call-out may therefore be selling something that can be cancelled.

Getting a written quote before work starts is the more reliable protection, because a consumer who has called out a locksmith cannot usually rely on cancelling afterwards.

If things go wrong

Bromley Trading Standards directs consumers to Citizens Advice for consumer complaints and to Action Fraud for suspected fraud. Which? adds that consumers can contact Trading Standards through Citizens Advice and report to Action Fraud, or call the police on 101 in Scotland, and that anyone who paid by card should contact their bank immediately using the number on the card, since chargeback and section 75 claims may be available.

The bottom line

Locksmiths are not licensed, so the safest approach is to identify a vetted local firm before a problem arises, insist on a quote from the locksmith directly and be wary of very low advertised prices and drilling as a first resort. Because the 14-day cancellation right generally does not cover urgent repairs that the consumer requests, checking the price beforehand matters more than trying to cancel later.

Sources

• London Borough of Bromley Trading Standards, “Trading Standards alert: Looking for a locksmith?”
• Master Locksmiths Association, “Emergency Locksmith & 24 Hour Locksmiths”
• Which?, “Locksmith scams: spot the signs of a rogue trader”
• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 28”
• Business Companion (Trading Standards), “Consumer contracts: off-premises sales”

Why an empty home can affect a claim

A house that stands empty for weeks, whether because of a long holiday, hospital stay or renovation, can be a target for theft and vandalism, and is also exposed to burst pipes. Many home insurance policies restrict cover when a property is left unoccupied for a set period. This article draws on the Financial Ombudsman Service, the independent body that settles disputes between consumers and financial businesses, and on three of its published pages, one setting out its approach and one a case study. It describes the Ombudsman’s approach, not the terms of any particular policy, and it is not legal or financial advice.

The typical policy condition

The Ombudsman says that home insurance policies commonly exclude certain events, such as theft, attempted theft, malicious damage or escape of water, if the property has been left unoccupied for more than 30 or 60 days. It also notes that policies rarely define what “unoccupied” means, and that the term is potentially ambiguous. It can suggest either a property that is not fit to live in or one in which nobody is currently living.

That is the central problem for policyholders: a clause which looks clear to the insurer may not be clear at all when applied to a real situation.

How the Ombudsman reads “unoccupied”

Where the policy does not define the word, the Ombudsman says it applies the natural and ordinary meaning, taking account of the overall purpose of the contract. It states that a person can occupy premises, sometimes for many years, without physically being in them. Where a property was visited on a reasonably frequent basis, the Ombudsman may decide that it was occupied even if nobody slept there every night.

This matters for people with second homes, properties under renovation, and homeowners in hospital or care who intend to return.

Technical breaches and the cause of the loss

The Ombudsman states that insurers must not unreasonably reject a claim. It does not consider it good industry practice to reject a claim where the policyholder’s breach of a policy condition was only technical and unconnected to the circumstances of the claim. An example it gives is damage occurring within the first 30 days of a property being unoccupied: in that situation the insurer should normally meet the claim, even if the property had not been visited for longer, because the unoccupancy played no part in the loss.

The Ombudsman’s page also notes that its examples include properties being refurbished, which are visited often but cannot be lived in, and policyholders who were in hospital when a pipe burst.

A published example

In its case study “Insurer rejects claim because the house was left unoccupied”, the Ombudsman describes a policyholder who bought a property near Cardiff to renovate and later rent out. He visited nearly every weekend to carry out maintenance, sometimes staying overnight. On one visit he found the house damaged by arson. The insurer rejected the claim, relying on an exclusion for properties left unoccupied for more than 30 days.

The Ombudsman sided with the policyholder and told the insurer to pay. It found that the policy did not define “left unoccupied”, so the exclusion was ambiguous, and that the evidence showed monthly visits and work by contractors. Utility bills showed the property was in use and council tax payments showed it was not being treated as empty. Since the wording was unclear, it was read in the policyholder’s favour.

The case illustrates the Ombudsman’s reasoning rather than setting a rule. Each complaint turns on its facts and the policy wording.

Practical steps before leaving a home empty

The Ombudsman’s approach suggests some sensible habits. Check the policy for the number of days and the exact wording of the unoccupied clause, and note which events it excludes. Tell the insurer if the property will be empty for longer than the policy allows, so that alternative cover can be arranged. Keep records of visits, maintenance and contractor work, and keep utility and council tax records, because these were the type of evidence relied on in the published case.

If a claim is declined

The Ombudsman says that a policyholder must first complain to the insurer. If the insurer does not send a final response letter within eight weeks, or the policyholder is unhappy with the response, the complaint can be brought to the Ombudsman. Its page on settling claims says it looks at evidence from the policyholder, the insurer and relevant third parties, as well as the law, industry codes and good industry practice, and that where unfair treatment is found the aim is to put the person back in the position they would have been in if the problem had not happened.

The bottom line

Insurers commonly limit cover after 30 or 60 days of a property being unoccupied, but the Financial Ombudsman Service says the word is ambiguous, that a property can be occupied without someone being physically present, and that insurers should not reject claims for technical breaches unconnected to the loss. Policyholders should read the exact wording, tell the insurer about long absences and keep evidence of visits and use.

Sources

• Financial Ombudsman Service, “Unoccupied properties”
• Financial Ombudsman Service, “Insurer rejects claim because the house was left unoccupied”
• Financial Ombudsman Service, “Settling home insurance claims”

A standard with a confusing star system

Lock snapping is a well-known attack on euro cylinders, the type common in uPVC and composite doors. Product listings advertise “3-star anti-snap” cylinders and “1-star” cylinders that need special handles, and the difference is not obvious. This article explains the technical specification TS 007 using the Door and Hardware Federation (DHF) and Secured by Design (SBD) as sources. TS 007 is a voluntary industry specification, not a legal requirement in any part of the United Kingdom, so the rules it sets are relevant to what buyers choose and what insurers may ask for rather than to compliance with the law.

Where TS 007 comes from

The DHF says that Secured by Design, the police crime-prevention initiative, worked with the DHF and the Glass and Glazing Federation to develop TS 007. The DHF describes its 2019 update as an extension of the original specification first published in 2014, and SBD’s guidance on locks lists the reference as DHF TS 007:2014 plus A2:2018, for replacement cylinders and associated security hardware with enhanced security performance.

The DHF states that TS 007 addresses cylinder security by testing against five attack methods: snapping, drilling, picking, bumping and lock-surround attacks.

Two routes to the same level

The DHF describes two ways to reach the protection level TS 007 aims at. The first is a TS 007 Kitemarked cylinder with three stars, which has the protection built in. The second is a TS 007 Kitemarked one-star cylinder fitted with a two-star Kitemarked armoured handle or lock surround (a security escutcheon). The DHF says the two combinations offer equivalent security.

In practice, this means a one-star cylinder on its own does not deliver the same protection as a three-star cylinder. It relies on the security furniture around it. Where a door has a standard handle without two-star armouring, the one-star cylinder’s protection against the snapping attack depends on what else is fitted. The DHF’s guidance for homeowners advises looking for the Kitemark and the stars on both the cylinder and the handle.

Which doors this applies to

The DHF’s homeowner FAQ says that for timber doors, locks rated to BS 3621 should be chosen, while for uPVC doors seeking maximum security, TS 007 is the rating recommended to protect against snapping, bumping and other forms of lock attack. Euro cylinders are the usual fitting on uPVC and composite doors, which is why the specification is aimed at that door type.

How TS 007 relates to BS 3621 and Diamond locks

SBD’s locks guidance lists BS 3621 as the minimum standard for locks on external or entrance doors with key operation from both sides, and lists SS 312 as a specification for cylinders addressing critical security issues. The DHF page on TS 007 also refers to the Master Locksmiths Association’s Sold Secure Diamond Standard (SS 312) and Warrington Certification’s STS 217 scheme as meeting this protection level.

The DHF also published TS 007-2:2019, described as an extension of the original 2014 document. It covers mechatronic cylinders, which are electronically operated, with security comparable to BS 3621 and PAS 24, in response to newer attack methods.

Checking and upgrading an existing cylinder

The DHF says that a Kitemark on a lock indicates the security level when it was first awarded, but that locks are continually improving, so older locks may need updating regardless of markings. It advises homeowners with locks that have been in place for many years to consult a locksmith or security installer to decide whether upgrades are needed.

Insurance is a separate consideration. The DHF says most insurers mandate minimum security standards and that following DHF and Master Locksmiths Association guidance typically helps to maintain cover, but it advises homeowners to check their own policy. Requirements differ between insurers, and the policy wording is the authority on what is actually required.

Other marks that appear on locks

The DHF’s homeowner FAQ lists several recognised security ratings: the BSI Kitemark, Sold Secure, Insurance Approved, Secured by Design and Diamond Approved. It recommends all of them, and says that where a buyer is unsure which to pick, the BSI Kitemark indicates a high level of security. It is worth reading which standard a product has actually been tested to, and whether it is intended for a timber door or a uPVC door.

Questions worth asking before buying

Does the cylinder carry the TS 007 Kitemark, and how many stars? If it is one star, is the door handle or lock surround two-star Kitemarked? Is the product intended for the type of door in question? A locksmith or security installer can confirm what is currently fitted and whether an upgrade is needed.

The bottom line

TS 007 is a police-backed, DHF-published specification that tests euro cylinders and door hardware against snapping, drilling, picking, bumping and lock-surround attacks. According to the DHF, protection comes from either a three-star Kitemarked cylinder or a one-star cylinder combined with two-star Kitemarked security furniture. It is voluntary, it sits alongside BS 3621 and the Diamond standard rather than replacing them, and insurance requirements should be checked against the policy itself.

Sources

• Door and Hardware Federation, “TS 007”
• Door and Hardware Federation, “Door security for homeowners – FAQs”
• Door and Hardware Federation, “DHF publishes new document – TS 007-2:2019 – in collaboration with the Glass and Glazing Federation”
• Secured by Design, “Locks and Associated Hardware”

A set of rights that most victims never hear about

People who report a burglary usually expect a crime number and not much else. In England and Wales, the Code of Practice for Victims of Crime, known as the Victims’ Code, sets out minimum standards that police and other organisations must provide to victims. This article summarises the version on GOV.UK, last updated on 29 January 2025. It applies to crime committed or prosecuted in England and Wales. Scotland and Northern Ireland have separate arrangements, which are outside the scope of this article. It is general information, not legal advice.

What the Code is and who must follow it

The Code lists organisations, called service providers, that must comply. They include all police forces in England and Wales, police and crime commissioners, the British Transport Police, the Crown Prosecution Service, HM Courts and Tribunals Service, the prison and probation services, the Parole Board and the Criminal Injuries Compensation Authority. The Code states that victims should be treated in a respectful, sensitive and professional manner without discrimination, and that the rights apply regardless of resident status.

The Code sets out 12 rights. Those most relevant after a burglary are covered below.

Getting the crime recorded and confirmed in writing

The second right is to have the details of the crime recorded without unjustified delay. The third is to be given information when reporting. Under that right, the police must provide written confirmation that includes the basic details of the offence, a crime reference number and the contact details of the officer dealing with the case. Section 3.6 says this information must be provided within five working days of reporting, or one working day for victims who qualify for Enhanced Rights.

The written acknowledgement establishes a crime reference number and a named contact for updates. A householder who has not received it within the stated period can ask the police force concerned about it, citing the Code.

Support services

Under the fourth right, victims are to be referred to services that support victims and to receive tailored support. Section 4.5 says that the police will refer a victim to a support service within two working days, and the Code describes such services as helping victims cope and, as far as possible, recover after a crime. The Code says a victim may decide not to receive some or all of the rights offered, but that this does not apply to the right of access to support.

The support right is not limited to the most serious offences: the Code applies to victims of crime generally.

Updates on the investigation

The sixth right covers information about the investigation and prosecution. Section 6.1 requires victims to be told within five working days when a suspect is arrested, interviewed, released without charge or released on bail, and section 6.13 requires notice within five working days of the offence charged and the date of the first court hearing. Both periods shorten to one working day under Enhanced Rights.

Where a decision is made not to prosecute, sections 6.10 and 6.11 describe the Victims’ Right to Review, which allows a victim to ask for that decision to be reviewed.

Enhanced Rights and who qualifies

Enhanced Rights apply to three groups: vulnerable or intimidated victims, victims of the most serious crime, and persistently targeted victims. The Code describes the last group as those who have been repeatedly targeted over time. A household repeatedly burgled or harassed might therefore be able to ask whether it falls into that category, though whether it does is for the police to assess against the Code.

Victim Personal Statements, property and compensation

The seventh right allows a victim to explain how the crime affected them, physically, emotionally and financially, in a Victim Personal Statement, at any time before sentencing. The Code cautions that there may be no opportunity once the court hearing has begun, particularly where the defendant pleads guilty.

Section 10.3 says that if the police took any of a victim’s property as evidence, the victim has the right to get it back as soon as it is no longer required.

On compensation, the Code says the police must explain how to apply to the Criminal Injuries Compensation Scheme, which it describes as covering serious physical or mental injury from violent crime. It says applications should normally be made within two years of the incident, and that a court may order a defendant to pay compensation on conviction.

If something goes wrong

Section 12 sets out the complaints route. A victim should first raise the problem with the service provider and, if unhappy, use its internal complaints procedure. Section 12.4 says that if the victim remains dissatisfied, they can ask their Member of Parliament to refer the complaint to the Parliamentary and Health Service Ombudsman.

The bottom line

The Victims’ Code gives burglary victims in England and Wales enforceable minimum standards: written confirmation with a crime reference number, referral to support within two working days, updates on arrests and charges, a Victim Personal Statement, the return of property held as evidence, and a formal complaints route. Householders who have not received these should ask the police force concerned and, if necessary, use the complaints process the Code describes.

Sources

• Ministry of Justice, “The Code of Practice for Victims of Crime in England and Wales and supporting public information materials”
• Ministry of Justice, “Code of Practice for Victims of Crime in England and Wales (Victims’ Code)”

Why the legal definition matters

Everyday language treats any break-in as a burglary. The criminal law is narrower and more specific, and the details affect how a crime is charged and sentenced. This article covers England and Wales only, because section 9 of the Theft Act 1968 has a stated territorial extent of England and Wales. Scotland and Northern Ireland have separate legal systems and are outside its scope. It is general information, not legal advice.

The two ways burglary can be committed

Section 9(1) creates two routes to the offence. Under paragraph (a), a person commits burglary by entering a building, or part of a building, as a trespasser and with intent to commit one of the offences listed in section 9(2). Under paragraph (b), a person who has entered a building or part of a building as a trespasser then steals, or attempts to steal, anything in it, or inflicts or attempts to inflict grievous bodily harm on someone there.

The offences listed in section 9(2) are stealing anything in the building, inflicting grievous bodily harm on any person in it, and doing unlawful damage to the building or anything in it. The first route therefore does not require anything to be taken. Entering as a trespasser with the intention of stealing is enough for the offence to be complete, even if the intruder leaves empty-handed.

Entry, trespass and “part of a building”

Crown Prosecution Service (CPS) guidance for England and Wales says a partial entry is sufficient, so putting part of the body inside the building can count. It also says the defendant must be aware that they are trespassing, and that permission to enter one area of a building does not extend to areas that are off limits, such as a staff room.

The statute does not require force or a forced door. The legal question is whether the person entered as a trespasser and had the necessary intent, not whether a lock was defeated. Section 9(4) extends the offence to an inhabited vehicle or vessel, whether or not the person living in it is present at the time. The CPS guidance adds that an uninhabited vehicle does not qualify as a building.

What makes a building a dwelling

The distinction between a dwelling and any other building is significant because it changes the maximum penalty. On conviction on indictment, section 9(3) sets a maximum of 14 years’ imprisonment where the burglary involved a dwelling and 10 years for other buildings. The CPS says the dwelling status must be charged separately, so that it appears in the indictment.

The CPS guidance refers to the case of R v Hudson, which it summarises as saying that the more habitable a building is as a matter of fact, the more likely it is to be a dwelling. Each case turns on its facts. For sheds, outbuildings and similar structures the CPS advises caution about older, unreported decisions sometimes cited for the proposition that a garden shed or hotel room is a dwelling. The result depends on the evidence in each case.

Aggravated burglary

Section 10 of the Theft Act 1968 creates the more serious offence of aggravated burglary. It applies where a person commits burglary and, at the time, has with them a firearm or imitation firearm, a weapon of offence or an explosive. The Act defines a weapon of offence as any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with them for that use. The maximum penalty is imprisonment for life.

How courts sentence domestic burglary

For domestic burglary, the Sentencing Council guideline that has been in force since 1 July 2022 gives an offence range of a community order up to six years’ custody, within the statutory maximum of 14 years. Sentencers assess culpability (categories A to C) and harm (categories 1 to 3). Higher culpability includes targeting vulnerable victims, significant planning and carrying a weapon. Higher harm includes violence or serious threats, substantial injury, people being present, and substantial property loss or damage.

The most serious category, A1, has a starting point of three years’ custody with a range of two to six years. At the other end, category C3 has a starting point of a high community order, with a range from a low community order to six months’ custody. The guideline’s starting points are only the first step, and courts then adjust for aggravating and mitigating factors.

A separate statutory minimum applies to repeat offenders. Section 314 of the Sentencing Code requires an appropriate custodial sentence of at least three years for a third domestic burglary, unless there are exceptional circumstances that make it unjust. The CPS explains that for offences committed on or after 28 June 2022 the test is “exceptional circumstances”, whereas earlier offences were governed by a test of particular circumstances. The CPS also describes the provision as applying to adults convicted of a third domestic burglary, counting convictions after 30 November 1999.

What this means for householders

The legal definition reinforces why layers of protection matter at every point of entry, including outbuildings and integral garages, since the offence covers any building and any part of a building. The steps to take once a burglary has happened are covered in this site’s guides on what to do after a burglary.

The bottom line

In England and Wales, burglary is defined by section 9 of the Theft Act 1968: entering a building or part of a building as a trespasser with intent to steal, cause serious harm or damage, or committing such an offence after entering. Nothing has to be taken, and force is not an element. A dwelling carries a 14-year maximum against 10 years for other buildings, and carrying a weapon turns the offence into aggravated burglary with a maximum of life imprisonment. Sentencing follows a Sentencing Council guideline, with a three-year minimum for a third domestic burglary unless exceptional circumstances apply.

Sources

• legislation.gov.uk, “Theft Act 1968, section 9 (Burglary)”
• legislation.gov.uk, “Theft Act 1968, section 10 (Aggravated burglary)”
• Crown Prosecution Service, “Theft Act Offences”
• Sentencing Council, “Domestic burglary”