Guidance issued on fees as new park home enforcement regime looms

The Government has published guidance for local authorities on setting licence fees in the run-up to councils having new enforcement powers against park home owners who fail to maintain or manage their sites.

From 1 April 2014, local authorities will be able to charge fees for:

• issuing, transferring, or altering conditions in a site licence; and
• the administration and monitoring of site licences.

The guidance issued by the Department for Communities and Local Government also provides advice on matters that a local authority can and cannot take into account when setting fees, setting fee structures and how fees are to be calculated.

It said councils would not be able to make a profit from the fees charged, and should make certain exemptions such as for smaller sites.

The DCLG has separately published a guide for park owners on the changes brought about by the Mobile Homes Act 2013 to the procedures and penalties for enforcement of site licence conditions on residential parks.

From next month, councils will be able to step in if there is an emergency situation and the site owner is unavailable to take immediate action.

Councils will be able to serve a notice on owners outlining the action that needs to be taken by a set deadline.

Failure to act on such a notice could lead to a substantial fine, the DCLG said. Owners will be unable to pass on the cost of this fine to residents, it added.

Housing Minister Kris Hopkins said: “Laws relating to park home site licensing have left residents vulnerable to the whims of their site owners, with few protections on offer or levers to get work done. But from April, this will change.

“From then councils will have the powers to take action requiring poor site conditions or inadequate services to be addressed by site owners. Those owners who comply with their licensing obligations, providing a high quality service to the residents will be able to carry on their business unaffected by these new enforcement powers.”

The minister said that site owners who refused “to clean up their act” would face court action and substantial fines.