Mobile Homes / Park Homes / Caravan Sites
With some exceptions, sites for accommodating park homes and caravans require both planning permission and a site licence from the local council. In attaching conditions to licences, councils are required to have regard to the Model Standards and if the licence is already in existence, they must consult with the licence holder.
There are very few law firms that have a true specialism in this area, but our solicitors have considerable experience, having dealt with issues on behalf of site owners, residents and local authorities. One of our team was involved with the Department for Communities and Local Government in the development of the 'Model Standards' for sites before they were released for general consultation.
Over the last few years, there has been a considerable amount of work done by the government departments responsible for this topic and there will be further reforms in the not too distant future once the proposals have been through Parliament. The DCLG has released a consultation on the future licensing of mobile homes and for more information, click on this text.
Our solicitors are able to deal with site agreements under the Mobile Homes Act 1983, residents associations, purchase or sale of mobile homes as well as apply for licences or appeal the imposition of conditions if the statutory requirements have not been met. We can defend prosecutions for non-compliance. Our Planning Team are able to help with the preparation and submission of applications for planning permission or represent you on appeals.
If you have a question that you would like to ask, please use our free online 'chat' facility which will connect you with one of our lawyers or leave a message.
Please note that solicitors are bound by certain rules of conduct and cannot enter into situations where a potential conflict of interest may arise. For this reason, we will refuse to accept instructions if we are already acting for another party. We will never act for a site owner at the same time as acting for a site resident of the same site, even on different cases.
In this way, you can be assured of our impartiality.
Purchasing a Mobile Home
If you are intending to purchase a mobile home, there are a number of factors that you need to bear in mind. Firstly, almost all mortgage companies will not offer a loan for the purchase and you therefore need to have sufficient funds available. Stamp duty is not payable, but you do need to remember that there are fees, often referred to as "pitch fees", that have to be paid to the site owner for certain elements of maintenance, such as those to which you have shared access.A number of rules, rights and protections are built in when you purchase a mobile home on a site and these are contained within the site agreement. For new homes, it may be possible to negotiate with the site owner on the terms and conditions, but if you are buying second-hand, then you will be bound by what has already been agreed.
Whilst many homes have the same characteristics as those that are 'brick built', it is important to note that certain differences exist. In particular, mobile home sites do not benefit from 'permitted development', meaning that anything that is not a mobile home will need planning permission to be erected or placed on the land. This can include porches, sheds or pathways.
Selling a Mobile Home
Selling a home requires the consent of the site owner and whist permission can be refused, there have to be reasonable grounds for the refusal.The site owner normally has the right of first refusal (ie you must offer to sell to the site owner first) and is entitled to take a 10% commission on the sale if someone else purchases the home.
There is no legal requirement to engage a solicitor when purchasing or selling a home, but it is often a wise measure to take given the cost of the home and the implications if a problem is not spotted from the outset.
Running a Mobile Home Site
Operating a mobile home site can be an interesting and rewarding experience, but can also be fraught with difficulties. If you are an existing owner or contemplating a purchase, then we can assist to guide you through the process of licensing and planning and writing site agreements.We have particular expertise in site licensing and have been successful in obtaining 'Certificates of Lawfulness' for sites that have been operating for some time but not had formal planning consent.
