Most residential park owners have already begun the consultation process with residents on the park rules. If you have not started the process, you must do so by the end of this month otherwise you run the risk of not being able to complete the process to lodge the rules with the local authority by 3 February 2015. If you miss this deadline, you will not have enforceable rules on the park.
Here is a checklist to help you when reviewing your existing rules:
- Make sure that they do not contain any rules which are banned (schedule 5 of the regulations sets out a list of rules which are banned).
- Remove any rule that allows you to exercise discretion unless it’s about improvements to a pitch.
- Are your rules necessary on your park for maintaining standards for the benefit of the occupiers? or
- Maintain or promote community cohesion? If not, delete them or change them so that they are.
- Include an age rule (if you have one), rules on pets and the parking of vehicles if these are appropriate.
Once you are happy with your proposed rules, you need to deliver or send them by post with the Proposal Notice (which can be found at this link: https://www.gov.uk/government/publications/park-homes-proposal-notice) to all residents and the secretary of the qualifying residents association if there is one.
The residents have 28 days in which to respond. You must then, within a period of 21 days deliver or send by post your response using the Response Document (which is another form). Assuming there is no appeal to the First Tier Tribunal (Property Chamber) the rules must be deposited with the local authority and residents informed. This must all be done within certain time frames. f you are at all unsure about the process or if you have started the process but are unsure how to deal with the representations which you have received, please contact us.
If you are a park operator and would like to know more about the changes to the law in relation to park rules and the consultation process please contact our specialists from our park home sector, on 01392 210700, email email@example.com or visit www.stephens-scown.co.uk