park homes policy forum

Residential park home sites require a site licence issued by the local council to operate legally, ensuring compliance with health, safety, and amenity standards. Under the Mobile Homes Act 2013, these "relevant protected sites" must have a licensed, "fit and proper" manager. The license, which specifies occupancy rules and site conditions, must be prominently displayed on site. 

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Key Aspects of Residential Park Home Licensing

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• Local Authority Licences: Privately owned residential parks must obtain a licence from their local authority.

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• Relevant Protected Sites: These are permanent residential sites, protected under the Caravan Sites and Control of Development Act 1960.

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• Fit and Proper Person Test: Since July 2021, site owners or managers in England must pass a "fit and proper person" test, managed by the local council, to hold a licence.

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• Site Licence Conditions: Conditions often cover the number of caravans, density, water supply, drainage, fire safety, and maintenance of hardstandings.

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• Public Register: Local authorities maintain a public register of site licences and site rules.

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• Differences in Licenses: It is crucial to distinguish between residential licenses (all-year occupancy) and holiday/leisure licenses (restricted occupancy). 

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Applying for a License

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• Planning Permission Needed: Before a site license is granted, the land must have the appropriate planning permission for permanent residential use.

• Application Process: Applications are made to the local council in writing and should detail the site layout. 

  Torbay Council

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Non-compliance with these licensing regulations can lead to enforcement action, fines, or prosecution by the local council. 

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Government guidance to local authorities regarding mobile home parks (often called "relevant protected sites") primarily focuses on three areas:

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• site licensing and conditions

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• regulatory framework and enforcement

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• and the "fit and proper person" test 

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1. The "Fit and Proper Person" Test

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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. 

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• Assessment Criteria: Authorities must consider the person’s competence, business history, and criminal record.

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• Register Maintenance: Councils are required to keep a public register of those who pass the test.

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• Enforcement: Operating a site without a "fit and proper" manager is a criminal offence and can lead to unlimited fines or licence revocation.

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• Fees: Local authorities can charge for processing these applications, provided they have a published Fees Policy. 

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2. Site Licensing & Conditions

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All mobile home parks must have a site licence issued by the local authority. 

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• Licence Conditions: Councils can set conditions regarding the number of homes, spacing, fire safety, and site amenities.

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• Granting & Transfer: Guidance exists for authorities on processing new licence applications and transfers, including checking planning permission status.

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• Fee Setting: Authorities are empowered to charge for issuing, transferring, and monitoring licences. 

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3. Enforcement Powers

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Under the Mobile Homes Act 2013, local authorities have expanded tools to deal with poorly managed sites: 

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• Compliance Notices: Councils can issue notices requiring site owners to fix breaches of licence conditions.

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• 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.

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• Prosecution: Councils can prosecute owners for operating without a licence or failing to comply with notices, which can lead to unlimited fines. 

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4. Support and Resources

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• LEASE - Park Homes: A government-funded service providing free advice to both residents and local authorities on park home law.

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• 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. 

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