
park homes policy forum
governance
Legal framework for planning and council tax and other services
The regulatery framework for residential park homes sites,
national, county and local government bodies.
The fit and proper person requirement.
Licences required
national and local government
For National governance - see buttons above
Local Government Oversight
Government guidance to local authorities regarding mobile home parks (often called "relevant protected sites") primarily focuses on three areas:
-
site licensing and conditions
-
regulatory framework and enforcement
-
and the "fit and proper person" test
1. The "Fit and Proper Person" Test
Since 1 October 2021, site owners or managers in England must be assessed by their local authority to ensure they are suitable to manage a residential site.
-
Assessment Criteria: Authorities must consider the person’s competence, business history, and criminal record.
-
Register Maintenance: Councils are required to keep a public register of those who pass the test.
-
Enforcement: Operating a site without a "fit and proper" manager is a criminal offence and can lead to unlimited fines or licence revocation.
-
Fees: Local authorities can charge for processing these applications, provided they have a published Fees Policy.
2. Site Licensing & Conditions
All mobile home parks must have a site licence issued by the local authority.
-
Licence Conditions: Councils can set conditions regarding the number of homes, spacing, fire safety, and site amenities.
-
Granting & Transfer: Guidance exists for authorities on processing new licence applications and transfers, including checking planning permission status.
-
Fee Setting: Authorities are empowered to charge for issuing, transferring, and monitoring licences.
3. Enforcement Powers
Under the Mobile Homes Act 2013, local authorities have expanded tools to deal with poorly managed sites:
-
Compliance Notices: Councils can issue notices requiring site owners to fix breaches of licence conditions.
-
Emergency Action: If there is an imminent risk of serious harm, the authority can enter a site to carry out necessary works and recover costs from the owner.
-
Prosecution: Councils can prosecute owners for operating without a licence or failing to comply with notices, which can lead to unlimited fines.
4. Support and Resources
-
LEASE - Park Homes: A government-funded service providing free advice to both residents and local authorities on park home law.
-
First-tier Tribunal (Property Chamber): The body responsible for settling disputes between residents, site owners, and local authorities regarding licensing or "fit and proper" decisions.
