Caravan sites - Fit and proper person
About the regulations
The Mobile Homes (Requirements for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 prohibit the use of land as a residential mobile home site unless the local authority is satisfied that the owner or manager of the site is a fit and proper person to manage the site.
From July 1st 2021 local authorities will be able to receive applications from site licence holders to be entered on the fit and proper person register. The deadline for applications for existing site owners is 1 October 2021.
What does this mean for site owners?
From 1 October 2021, unless the site is exempt, 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
What must a site owner do?
Site owners operating a relevant protected site must apply to us 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.
Exempt sites
A site is exempt if it's “a non-commercial family occupied site”. This is one:
· only occupied by members of the same family, and
· not being run on a commercial basis
The regulations provide further detail about this exemption. See the GOV.UK - legislation website for more details.
What we'll consider
To be happy that the relevant person is a fit and proper person to manage the site, and to add them to the register, we'll consider:
· past compliance with the site licence
· the long term maintenance of the site
· whether the relevant person has sufficient level of competence to manage the site
· the management structure and funding arrangements for the site or proposed management structure and funding arrangements
We'll also consider whether the relevant person:
· has the right to work within the UK
· has committed any offence involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements)
· has contravened any provision of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law
· has contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
· has harassed any person in, or in connection with, the carrying on of any business
· has had an application rejected by any other local authority
· is, or has been within the past 10 years, personally insolvent
· is, or has been within the last 10 years, disqualified from acting as a company director
We also may consider the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis), if it appears that person’s conduct is relevant.
We can also consider any evidence on any other relevant matters.
Application
There is a charge for this application which has been set in line with government guidance. This fee is £224
The application form can be downloaded from the right hand side of this page as well as guidance notes.
Fit and Proper Person Register
The register of those considered to be fit and proper persons to manage a residential mobile home site can be downloaded from the right hand side of this page. It is also available for inspection at the Council Offices.
For any queries please contact the Private Sector Housing team on 01264 368000 phousing@testvalley.gov.uk