- 4 Sep 2017
The Licensing of Relevant Permanent Sites (Scotland) Regulations came into force on 1 May, putting in place a robust, site licensing system for permanent (year–round) residential mobile homes sites in Scotland. Transitional arrangements under section 83 of the Housing (Scotland) Act 2014 allow those who already held a licence for a residential park home site with permanent residents before 1 May two years (until 1 May 2019) to apply for a licence under the new system.
Part 5 of the Housing (Scotland) Act 2014 amended the Caravan Sites and Control of Development Act (1960) to establish the broad framework for the new licensing system. These regulations set out the more detailed aspects within the framework, including:
- the information which must be supplied with an application for a first site licence and for a licence transfer;
- setting a three-month time limit for a local authority to determine an application for a first
- site licence, a licence renewal, and a licence transfer;
- the matters a local authority can take into account when setting a fee for determining a
- first site licence application or licence renewal;
- the effect of a successful appeal against a local authority's decision on an application;
- the powers of an interim manager.
The Housing (Scotland) Act 2014 (part 5) Act 2014 (part 5) amended the Caravan Sites and Control of Development Act (1960) to establish the framework for the new licensing system. The new part 1A deals with the licensing of relevant permanent sites in Scotland and came into effect for new sites from 1 May 2017. It must be read together with the 2016 regulations above. Transitional arrangements under section 83 of the 2014 Act allow those who already hold an existing licence until 1 May 2019 to apply for a new Part 1A licence although to ensure sites remain fully licensed there an assumption that site owners will start the application process well before the expiry date ends.
The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 is made under section 2B of the Mobile Homes Act 1983, which was inserted by section 170(1) of the Housing (Scotland) Act 2006. It amends Schedule 1 to the 1983 Act, which was also amended by section 169 of the Housing (Scotland) Act 2006.
The Mobile Homes (Written Statement) Scotland Regulations 2013 revoked the Mobile Homes (Written Statement) Regulations 1983. They offered a new and version of the written statement, which reflects the amendments the Order would make to the implied terms in Schedule 1. They came into effect in September 2013.
The Housing Act 2004 amended the 1983 Act to address some shortcomings identified by the UK Government's Park Homes Working Group, established in 1998.
The Mobile Homes Act 1983 gave security of tenure to residents of mobile home sites who own the home in which they live and who rent the pitch from the site owner. As with the 1968 Act, the 1983 Act only covers owners and occupiers of protected sites. This Act placed an obligation on the site owner to maintain the site and gave them a right to claim commission on the sale of homes stationed on the site.
The Caravan Sites Act 1968 gave basic protection to all mobile home occupiers living on land for which the owner has planning permission and is entitled to obtain a site licence. It aimed to prevent site owners from evicting occupiers with residential contracts other than by obtaining a court order.
The Caravan Sites and Control of Development Act 1960 is the founding legislation which still governs the caravan site licensing regime. Although heavily amended since, much remains in force. It covers most privately-owned residential mobile home sites, holiday sites and privately-owned Gypsy/Traveller sites. The Act required site owners to get a site licence from the local authority before land could be used as a caravan site. Local authorities have powers to impose conditions in site licences and enforce them if breached. The types of conditions that authorities may impose relate to the number of caravans allowed on the site, spacing between the vans and the provision of amenities on the site.