What is burglary and how is it classified?

Understanding what is burglary is, is essential for grasping the nature of property-related offences. Burglary is not simply about theft – it involves unlawful entry with intent to commit a criminal act. This article explores the legal definition, classifications, penalties, and examples of burglary under the Theft Act 1968.

Definition: What is burglary?

Under Section 9 of the Theft Act 1968, burglary is defined as:

“A person is guilty of burglary if – (a) they enter any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage; or (b) having entered as a trespasser, they steal or attempt to steal anything in the building or inflict or attempt to inflict grievous bodily harm.”

This means the offence focuses not only on the act of theft but also on the unlawful entry and criminal intent.

Key legal elements of burglary

• Entry: Physical entry into a building or part of it, even partially (e.g. reaching an arm through a window).
• As a trespasser: The entry must be unauthorised.
• Intent: To steal, inflict GBH, or cause unlawful damage.

How is burglary classified?

Burglary is not a one-size-fits-all offence. The law recognises several forms of burglary, each carrying varying levels of seriousness and punishment.

1. Domestic burglary

Also known as residential burglary, this occurs when someone unlawfully enters a dwelling (e.g., house, flat) with intent to commit an offence.

• Considered more serious due to invasion of privacy.
• Can lead to a minimum sentence of 3 years for repeat offenders.

2. Non-domestic burglary

This involves entering business premises or public buildings unlawfully (e.g., shops, warehouses) with criminal intent.

• Still serious, but often treated differently in sentencing compared to domestic burglary

3. Aggravated burglary (Section 10 Theft Act 1968)

This is a burglary where the offender has with them a weapon at the time of the offence, including:

• Firearms or imitation firearms.
• Offensive weapons (knives, crowbars, etc.).
• Explosives.

Aggravated burglary carries a maximum sentence of life imprisonment.

4. Attempted burglary

Even if the burglary is not completed, an attempt still constitutes an offence under the Criminal Attempts Act 1981. Courts look at intent and the steps taken toward committing the offence.

Case scenario

Urban exploring is a growing trend and people can often be charged with non-domestic burglary if premises are entered without permission and something is taken or damaged whilst inside. It is important to understand the law so you do not find yourself in this situation.

Our expert and nationally-recognised Criminal Law Solicitors are here to help you navigate these complex legal matters. Contact our team.

Sentencing and penalties

According to the Sentencing Council:

“Burglary involving homes or violence significantly impacts victims’ sense of safety and security. Sentencing reflects the violation of personal space.”

Legal professionals often note that the emotional trauma for victims in domestic burglaries can rival or exceed the value of property lost.

Benefits and drawbacks of the legal approach

Benefits

• Clear distinction between types of burglary helps guide sentencing.
• Deters use of weapons through life sentence for aggravated burglary.
• Offers judicial flexibility for juveniles and first-time offenders.

Drawbacks

• Overlap in definitions can create confusion (e.g., when does trespass become burglary?).
• Sentencing disparities between courts.
• Some feel non-domestic burglary is underpunished relative to its financial impact.

Future outlook and legal reforms

There is growing support for modernising the Theft Act 1968 to account for evolving criminal methods (e.g., digital entry to smart homes) and expanding the legal definition of “building.” Reforms may also aim to:

• Standardise sentencing between domestic and commercial settings.
• Clarify definitions of “entry” and “trespass” in high-tech contexts.

FAQ

What is burglary?

Burglary is a criminal offence involving unlawful entry into a building with intent to steal, inflict grievous bodily harm, or cause damage. It is defined in Section 9 of the Theft Act 1968.

What are the types of burglary?

1. Domestic burglary.
2. Non-domestic burglary.
3. Aggravated burglary.
4. Attempted burglary.

What is aggravated burglary?

Aggravated burglary is when the offender carries a weapon while committing the burglary. It is punishable by up to life imprisonment under Section 10 of the Theft Act 1968.

Is burglary the same as robbery?

No. Robbery involves direct force or threat to a person, while burglary involves unlawful entry into property, often without confrontation.

Can someone be charged with burglary without stealing anything?

Yes. Burglary includes intent to commit theft, GBH, or criminal damage – even if nothing is actually stolen.

What is the minimum sentence for burglary in the UK?

There is no fixed minimum, but repeat domestic burglary offenders face a statutory minimum of 3 years’ imprisonment.

Do first-time burglary offenders go to jail?

Not always. Courts may consider alternatives like suspended sentences or community orders, especially for juveniles or non-violent cases.

This article was produced on the 20th November 2025 for information purposes only and should not be construed or relied upon as specific legal advice.