The Government recently published the new Fit and Proper Person Regulations. The Leasehold Advisory Service (LEASE) explains more…
The English Government has published the new Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020.
In 2019, the Government launched a technical consultation to seek views on the proposals to introduce a fit and proper person test for site operators in England as already operates in Wales.
The consultation received 370 responses which were largely in favour of the proposals. In the response to the consultation the Government committed to implementing the test in due course.
The regulations will be brought into force in two stages:
● Stage one will give local authorities in England until 1 July 2021 to prepare to receive applications from site owners (or ‘occupiers’), establish their processes for making and issuing decisions, and establish a fit and proper person register for their local area.
● Stage two will provide three months from the end of Stage one for site owners/licence holders to submit completed applications to local authorities. The deadline is 1 October 2021.
The Government will also publish non-statutory guidance for both local authorities and site owners.
WHAT DOES THIS MEAN FOR HOME OWNERS?
From 1 October 2021 the site owner must be a fit and proper person to lawfully operate a park home site or have a fit and proper site manager in place, unless the site is exempt.
WHAT MUST A SITE OWNER DO?
Site owners operating a relevant protected site (if not exempt) must apply to their local authority for the relevant person (themselves or their appointed manager) to be included in the local register of fit and proper persons to manage a site. A site owner may only apply if they hold or have applied for a site licence for the site.
Applications can be made from 1 July 2021.
WHAT MAKES A SITE EXEMPT?
A site is exempt if it is ‘a non-commercial family occupied site’ . That is one only occupied by members of the same family and that is not being run on a commercial basis.
For more information, please contact LEASE by telephone on 0207 832 2525 between the hours of 9am to 5pm (Monday to Friday).
This article is not meant to describe or give a full interpretation of the law; only the courts can do that. If you are in any doubt about your rights and duties, please seek specific advice. The law discussed covers matters pertaining to English law only.
Read the full story in the New Models 2021 issue of Park Home & Holiday Caravan