2.2.3 Burglary – s.9(4) “A Building”

Statutory Provision

• s.9(4) Theft Act 1968:
  • “References in subsections (1) and (2) above to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.”
• Key Point:
  • The law extends the concept of “building” beyond traditional structures to include inhabited vehicles and vessels (caravans, houseboats, motorhomes).
  • Aims to protect people living in non-traditional dwellings.

What Counts as a “Building”?

The word “building” is not exhaustively defined in the Act, so the courts have had to interpret it.

• Generally includes:
  • Houses, flats, shops, offices, factories, schools, sheds, outbuildings.
• Key issues arise with temporary or mobile structures (storage containers, lorries, caravans).

Case Law

1. B & S v Leathley [1979] Crim LR 314
   • Facts: 25-foot long freezer container, used as storage for 2 years, on sleepers, connected to mains electricity, locked.
   • Held: This was a “building.” Permanent nature and use made it equivalent to building.
2. Norfolk Constabulary v Seekings & Gould [1986]
   • Facts: Two lorry trailers used for storage, had steps, connected to electricity, but still on wheels.
   • Held: Not a building. Mobility and lack of permanence meant they did not qualify.
3. R v Coleman (1991)
   • D entered caravan and committed burglary.
   • Held: Caravans count as buildings under s.9(4) if they are inhabited vehicles.
4. R v Rodmell (1994)
   • Burglary of a garden shed. Court confirmed a shed counts as a building because it is a structure designed for storage.
5. R v Flack (2008)
   • D entered a house being lived in by a family. Court emphasised special seriousness of burglaries in homes — “building” includes dwellings where sanctity of home is violated.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Inhabited Vehicles and Vessels

• s.9(4) expressly includes:
  • Caravans
  • Houseboats
  • Motorhomes
• Protection applies whether or not occupant is present at time.
• Ensures burglars cannot argue a home is not protected merely because it moves.
• Case: R v Coleman (1991) – caravan = building.
• Case: R v Hudson (2017) – burglary of houseboat confirmed to fall under Act.

Structures Considered Not Buildings

• Lorries and shipping containers on wheels: not buildings unless permanently adapted.
• Tents: not buildings, but could still be covered by other trespass offences.
• Portable cabins: may qualify if permanently fixed with utilities.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Key Principles

1. Permanence: The more permanent/settled a structure, the more likely it is a building. (B & S v Leathley).
2. Function: If structure functions like a building (storage, habitation), courts lean towards including it.
3. Mobility: If structure is readily mobile (on wheels, easily moved), less likely to be a building (Seekings & Gould).
4. Inhabitation: Vehicles/vessels used as dwellings automatically covered by s.9(4).

Evaluation

• Strengths:
  • Statute and case law ensure wide protection of property, including non-traditional homes.
  • Courts pragmatic: focus on permanence and function.
  • Prevents loopholes where burglars could argue a caravan/houseboat not a “building.”
• Weaknesses:
  • Definition still uncertain — grey areas (e.g., storage containers, temporary cabins).
  • Mobility distinction criticised: a lorry trailer used for years like a shed not covered (Seekings & Gould).
  • Tents not included, though people may live in them. Arguably leaves vulnerable groups unprotected.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Reform Proposals

• Law Commission (2002, 2009): Suggested clearer statutory definition of “building” to cover modern living arrangements.
• Proposals include explicit inclusion of temporary dwellings (tents, mobile pods, shipping containers).
• Would improve clarity and fairness.

Exam Application Strategy

1. Quote s.9(4): building includes inhabited vehicles and vessels.
2. Apply case law:
   • B & S v Leathley – permanent freezer container = building.
   • Seekings & Gould – lorry trailer = not building.
   • Rodmell – shed = building.
   • Coleman – caravan = building.
3. Consider permanence, function, mobility, inhabitation.
4. Conclude whether the structure in question qualifies as a building.

Conclusion

• s.9(4) Theft Act 1968 extends burglary protection to traditional buildings and inhabited vehicles/vessels.
• Courts interpret “building” using permanence, function, and inhabitation.
• Case law shows grey areas remain — freezer container = yes, lorry trailer = no.
• Overall, law protects homes widely but may require reform to cover modern living situations like tents and temporary pods.