Site Rules

solicitors for park homes site rulesSince the implementation of the Mobile Homes Act 2013, only certain rules can be imposed and there is a set procedure to follow, which starts with the Proposal Notice.

    The rules must be necessary—

  1. to ensure that acceptable standards are maintained on the site, which will be of general benefit to occupiers; or
  2. to promote and maintain community cohesion on the site.

Some rules that seek to impose restrictions, such as in relation to a sale, are of no effect.  You can read the list of the types of rule that do not apply by clicking here to read Schedule 5 of the Regulations in detail, but in summary a rule cannot have the effect of :

(a) Preventing an occupier from selling or gifting the mobile home to anyone other than the owner;
(b) Requiring an occupier to notify the owner of the occupier’s intention to sell or gift the mobile home;
(c) Requiring an occupier to use the services of the owner or a person specified by the owner for the purposes of selling or gifting the mobile home;
(d) Preventing an occupier from using the services of an estate agent for the purposes of selling the mobile home;
(e) Preventing an occupier from using services provided by a solicitor for the purposes of selling or gifting the mobile home and assigning the agreement;
(f) Preventing an occupier from using any services that would otherwise be available to the occupier for the purposes of selling or gifting the mobile home;
(g) Preventing an occupier from advertising the mobile home for sale by means of a notice, board or placard affixed to the mobile home or to the pitch;
(h) Requiring an occupier to—
(i) obtain a survey of the mobile home or the pitch; or
(ii) permit the owner or his agents to undertake a survey of the mobile home or the pitchbefore selling or gifting the mobile home;
(i) Requiring an occupier to sell or gift the mobile home or assign the agreement in the presence of the owner;
(j) Requiring an occupier or proposed occupier to provide the site owner with the personal details of the proposed occupier or of any other person intending to live in the mobile home with the proposed occupier;
(k) Requiring a proposed occupier to attend a meeting with the owner.
If you would like the benefit of our experience in dealing with the creation of site rules, please contact us.