The Prevention of Illegal Squatting Act (1951) makes it a criminal offence ‘to enter upon or into, without lawful reason, or to remain on or in any land or building without the permission of the owner or lawful occupier of such building’. In terms of the Prevention of Illegal Squatting Amendment Act (1976) the owner or lawful occupier would be guilty of offence if they erect buildings intended for occupation by persons, if the plans had not been approved by the local authority. Where the building had already been erected, it became an offence to permit its occupation, and the owner or lessee would be obliged to demolish such building without an order of court (s 3B (1)(a)/(b). According to s 3B (4)(a) a person who is lawfully occupying land should continue to be entitled to the protection normally available to such a person if he erects a building on that land. This article examines the relationship between these two subsections in the light of some cases. Ref.
