On 4 February 2014 the Mobile Home (Site Rules) (England) Regulations 2014 came into force. The Regulations set out new rules for Residential Parks to follow and are part of a set of changes that are impacting on the sector.
All site owners must now comply with the Regulations when making, amending or deleting site rules. A summary of the procedures is set out below.
It is important to note that any site rules made before 26 May 2013 must also be renewed using the procedure outlined below (even if the rules are to remain the same). Failure to do so will mean existing rules will no longer have effect on 4 February 2015.
Procedure to follow
1. Issue a ‘proposal notice’ to all occupiers and any qualifying residents’ association.
The notice must:
- clearly set out the proposal;
- give the reason for making a proposal;
- explain the document will be sent to each person and association consulted;
- confirm that each rule is necessary to ensure that acceptable standards are maintained on the site, which will be of general benefit to occupiers; or to promote and maintain community cohesion on the site;
- confirm that each rule is not a provision in relation to any matters contained in Schedule 5 of the Regulations (which contains a list of prohibited rules such as a requirement to inform the site owner of the sale of a home);
- specify the date on which the notice is deemed to be served, the date on which any response must be received by the owner (which must be at least 28 days after the first consultation day) and the name of the owner and address to which any representation must be sent; and
- be in this form or a similar form.
2. Within 21 days of the last consultation day, decide whether to implement the proposal (having taken into account any representations received from any occupiers and qualifying residents associations)
3. Send a ‘consultation response document’ to each consultee.
The document must:
- give details of the consultation;
- give details of the representations received , the owner’s response to them and any modifications that were made as a result;
- contain a copy of any site rules;
- where relevant, confirm that the owner intends to deposit a deletion notice with the local authority and a list of the rules to be deleted;
- confirm when the site rules will come into effect;
- explain the rights of appeal available to consultees; and
- be in this form or in a similar form
4. Where sites rules have been implemented, varied or deleted, the owner must then deposit the site rules or deletion notice with the local authority between 28 and 42 days after service of the ‘consultation response document’.
5. If a consultee appeals the owner’s decision, the rules should not be deposited until the appeal has been determined in accordance with Regulation 12.
6. The owner must then notify every occupier and any qualifying resident’s association in writing of a deposit to the local authority within 7 days of the deposit. The notice must:
- specify the date on which the deposit was made;
- give contact details for the local authority;
- explain when any site rules, variation or deletions will come into force;
- be accompanied by a copy of the site rules, if any, as deposited; and
7. The site rules deposited and any deletions come into force 21 days after the date of service of the notification of the deposit.
It is important that all site owners actively engage in the consultation process as it will provide site owners and occupiers with a real opportunity to work together for the benefit of the park.
A successful consultation process will undoubtedly lead to happy occupiers and ultimately that will be to everyone’s benefit.
Holiday and Home Parks Department
0113 2279 203