Caravan Sites: Fit and Proper Person Test

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 ("the Regulations") introduced a fit and proper person test for mobile home site owners or the person appointed to manage the site, unless exempted by the Regulations.

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 between 1 July 2021 and 1 October 2021 to the council for the relevant person (themselves or their appointed manager) to be included on 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.

Payment must be made with the application.

The applicant seeking entry on the register will need a basic DBS certificate (dated no more than six months before the date of the application) and this must be included with the application. The DBS certificate must be from an approved supplier. Information about how to arrange a DBS check can be found on the government website.

Exempt sites

A site is exempt if it's "a non-commercial family occupied site". This is a site 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 Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020  for more details.

Application cost

The cost of an application for inclusion on the fit and proper persons register is £232.27. If we appoint a site manager recovery of reasonable costs incurred in making the appointment will be recouped from the occupier

What we will consider

To be sure that the relevant person is a fit and proper person to manage the site, and to add them to the register, we will consider a number of factors that are listed in our determination policy and are not limited to the following;

• 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.

Public Register

Our public register of licenced sites can be found here.

Changes to the Mobile Homes Act

The Caravan and Control of Development Act 1960 requires the Council to licence sites that have gained or are in the process of obtaining the required planning permission to operate as a recognised caravan, mobile home or park home site. These sites are commonly known as 'relevant protected sites'.

On 26 March 2013 the Government passed the Mobile Homes Act 2013 (MHA 2013) which is designed to give greater protection to occupiers of residential caravan and mobile homes.

Changes to the sale/gifting of park homes and site rules

From 26 May 2013 this legislation introduced changes to the sale/gifting of park homes and amendments to existing implied terms relating to the annual pitch fee review procedure on parks. In addition to this it is intended that existing site rules will eventually be replaced with new site rules to be deposited with the Local Authority.

Changes to licensing and the introduction of licence fees

The MHA 2013 has introduced some important changes to park home site licensing on 1 April 2014. These changes include the ability for Local Authorities to charge site owners a fee for applying for a site licence, for amendments or transfers of existing licences, and for an annual fee for existing site licenses. Failure to pay the annual fee may eventually lead to the site licence being revoked.

Changes to the enforcement of site licence breaches

From 1 April 2014 Local Authorities will be able to serve compliance notices on site owners where site licence conditions are breached. These notices will set out what the site owner needs to do to correct the breaches and the timescales, and the notice will attract a fee. Failure to comply with the notice would be a criminal offence.

Mobile home fees policy

From the 1 April 2014, The Mobile Homes Act 2013 introduces changes to Mobile Home Site Licensing. It gives the council greater powers to monitor Mobile Home Site licenses to ensure licence conditions are met and to carry out effective enforcement action where appropriate. We are also able to charge a fee for all site licensing functions.

Further advice

Further information on the changes introduced by the MHA 2013 can be obtained from the Department of Communities and Local Government (DCLG) website.

The Government has also extended the role of the Leaseholder Advisory Service (LEASE) (Tel: 020 7383 9800) so that park home residents can contact them for help and advice. This will be particularly helpful for matters where the Local Authority does not have a role such as site rules, pitch fees or the selling/gifting of park homes.

Once planning permission is granted, the Council must issue a licence. The Council can attach conditions to the licence which must be based on model conditions issued in 1989 by Central Government. The conditions cover many different matters to ensure that the welfare, health and safety of site residents are protected and to restrict the possibility of nuisance to adjacent land and property.

The Council must keep a register of all licensed sites which must be available for public inspection at all reasonable times. Craven District Council's register is kept in Environmental Health, 1 Belle Vue Square, Broughton Road, Skipton, North Yorkshire BD23 1FJ. 

Who needs a caravan site licence?

If you are a caravan site licensee you should have a licence already but you should check that your name, the site name and address is correct and up to date. Also check that the licence corresponds with your planning permission. If not, you should send us the licence for re-issue to the address below including the correct details or complete a Site Licence Form.

If you have recently become a caravan site owner licences are transferable to a new occupier but the law requires us to give consent for the transfer. You should send us the licence with a request for transfer and we will either endorse or re-issue it.

If you are a potential site owner you or your legal advisor should check that all the land used for siting caravans has planning permission and that the details correspond with the site licence. If you wish to change the use of the land to a permanent caravan site use you must have planning permission before a licence can be issued.

Regulation Summary

A summary of the regulation relating this licence.

Information about licensing any caravan site

A licence can only be issued if the site has planning consent. An established use certificate does not give entitlement to a licence. The consent may limit the sites use to particular types of caravans e.g. self-propelled caravans where there is difficulty over access. In these cases the licence should contain the same restrictions.

A caravan site can include tents and on touring sites the licence normally allows a small tent alongside a caravan to be counted as a single unit. If the site does not have planning consent for caravans, a licence for tents can be granted under the provisions of the Public Health Act.

How long will it take to receive the licence?

Following receipt of the application form and any necessary attachments including the relevant fee, you can expect to hear from us within 60 days.

Tacit Consent applies: this means that you will be able to act as though your application is granted if you have not heard from us by the end of the target period. If you have not heard from us within a reasonable period please contact us. You can do this online if you applied through the UK Welcomes service or use the contact details below.

Apply for a licence

Please complete the site licence application form and return to Environmental Health.

Your application must be accompanied by a site plan at 1:2500 scale showing the layout of roads, caravans and facilities.

Why have conditions on a Licence?

The Caravan Sites and Control of Development Act 1960 allows a Local Authority to impose licence conditions in the interest of the safety and comfort of persons dwelling in the caravans, or in the surrounding area. Failure to comply with a site condition is a criminal offence once a site licence is in force.

The conditions can include:

• The type of caravan, e.g. residential, static holiday or touring.
• The numbers of vans on site may be limited to take into account planning or highway considerations, so that levels of amenity or privacy can be maintained.
• A planning condition may require seasonal use to prevent the use of sub-standard accommodation, or to preserve the quiet amenity of the area during closed periods.
• If four or more vans are permitted, there must be a condition requiring a copy of the licence to be displayed on the site.
• The spacing between caravans may be conditioned, mainly for fire considerations, but privacy and noise nuisance are also factors.
• Road surfaces should be covered to prevent danger and dust nuisance and to provide adequate access for emergency vehicles
• Conditions to ensure adequate water supply, toilet & washing facilities and drainage and disposal of waste to prevent nuisance and maintain hygiene.
• The site name must be displayed for easy identification by emergency services.
• Conditions that ensure safe and adequate electricity supply.
• Conditions relating to fire precautions.

Are there any exceptions?

• A caravan site licence is required if a caravan is stationed on land for the purpose of human habitation, however there are some exceptions:
• If a caravan is sited within the curtilage of a dwelling and its use is incidental to the dwelling. This means it cannot be occupied separately.
• If a single caravan is sited for not more than two consecutive nights for a maximum of 28 days in any 12 months
• If no more than three caravans are sited on a site of not less than five acres for a maximum of 28 days in any 12 months
• If the site is occupied by an exempt organisations such as the Caravan Club
• If a site of up to 5 caravans is certified by an exempt organisation and which is for members only
• If the site is occupied by the Local Authority. These are usually traveller sites.
• If the site is for temporary and special purpose use such as caravan rallies, agricultural and forestry workers, building and engineering sites and travelling salesmen.
• If a site is for tents only it can be used for a maximum of 28 days in any 12 months.

**Please note: the model standards are currently under review.**

Appeals - Licence Holder

Failed Application Appeal

You are advised to take up any issue with the local authority first.

If a licence holder is refused an application to alter a condition they may appeal to the local Magistrate's Court. The appeal must be made within 28 days of the written notification of the refusal and a notice of appeal must be served on the district council.

Licence Holder Appeal

You are advised to take up any issue with the local authority first.

If a licence holder wishes to appeal against a condition attached to a licence they may appeal to the local Magistrate's Court. The appeal must be made within 28 days of the licence being issued.

The district council may alter conditions at any time but must give licence holders the opportunity to make representations about the proposed changes. If a licence holder disagrees with the alterations, they may appeal to the local Magistrate's Court. The appeal must be made within 28 days of the written notification of the alteration and a notice of appeal must be served on the district council.

Consumer complaints

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Other complaints and appeals

For example about noise or pollution etc. contact the local authority (noise/pollution report form).

Licence - Camping Site

Licence Summary

If you allow your land to be used as a camping site by the public for more than 42 days consecutively - or 60 days in a year - you require a licence from the local authority.

Conditions may may be attached to a licence.

There are exceptions for organisations that hold camping exemption certificates.

Application Evaluation Process

When an application is made it will be deemed to be made unconditionally unless the local authority give notice that the application is refused or conditions are attached.

How long will it take to receive the licence?

Following receipt of the application form and any necessary attachments, you can expect to hear from us within 60 days.

Tacit Consent applies: this means that you will be able to act as though your application is granted if you have not heard from us by the end of the target period. If you have not heard from us within a reasonable period please contact us. You can do this online if you applied through the UK Welcomes service or use the contact details below.

Apply online

Failed application and licence holder appeals

Any applicant who is either refused a licence or wishes to appeal against a condition of the licence can appeal to the local Magistrates' Court, however contact us in the first instance.

Public Register

Our public register of licenced sites can be found here.