The importance of following the site rules process
Site rules ensure that acceptable standards are maintained across the site for the benefit of park home residents (“residents”). They also promote community cohesion on the site. Complying with site rules are obligatory for all residents and failure would be a breach of their park/mobile home agreements.
Whilst there is no legal obligation for a park home site to have “site rules” however, The Mobile Homes (Site Rules) (England) Regulations 2014 (“Regulations”) introduced a process for establishing, varying and deleting park rules. As a result, under the Regulations, residential site owners are required to consult with park home residents if they wish to introduce (if not having done so previously), add new, amend or delete existing site rules.
The law provides that in order for site rules to be recognised and enforceable, all site rules must be deposited with the relevant local authority. However, if a site owner has not adhered to the process under the Regulations and site rules have not been deposited with the local authority, the site rules will not be enforceable.
Following consulting with park home residents and the site rules being deposited with the local authority, the local authority is required to retain a register of the rules for the specific park site. The local authority must also ensure that the site rules are made available to members of the public during normal working hours and they must also publish the site rules on the internet.
Should you find yourself in a position where the site rules are being questioned, please do not hesitate to get in touch for a free initial consultation.
Ibraheem Dulmeer, Barrister of Normanton Chambers is a specialist in Park Home Matters. Ibraheem is qualified under the “Direct Public Access Scheme” which allows him to accept instructions directly from the public, be it a company or an individual.
Free Phone: 0300 0300 218
E-mail Address: [email protected]
The information provided in this article serves as a useful guidance. Please note that this is not intended to be comprehensive and should not be relied on in substitution for specific advice. If in doubt, you could seek specific advice from Ibraheem Dulmeer, who specialises in this area of law. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2021