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Park Home Legislation

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meerkat
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Park Home Legislation

#0, by meerkat, 10 August 2011 05:04 PM

Can someone please point me in the direction of the specific park home legislation concerning the minimum space between two park homes, and any legislation that might afftect that minimum distance (eg fire proofing)

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editor
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Re: Park Home Legislation

#1, by editor, 10 August 2011 07:52 PM

Hi Meerkat

You can download the 2008 Model Standards for Site Licence Conditions for either England or Wales from our Downloads page. It's right down the bottom of the page.

The minimum distance between homes is 6 metres. However, there will always be some older homes on older parks that are closer together than that, but they were sited legally at the time. Generally, Local Councils will allow this to remain, but at the end of the life of the home, the park owner would be obliged to site using the six metre distance when bringing a new home on to the park.

Hope that helps. If you have another question - you know where we are!!

Regards

Ed.

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meerkat
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Re: Park Home Legislation

#2, by meerkat, 11 August 2011 02:07 PM

Cheers for that Ed

It looks as though the park owner is going to try and put an old style mobile home (single) on the empty plot next to mine, and there is sufficient space to leave a 6m gap between either me or the existing home on the other side!

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Re: Park Home Legislation

#3, by meerkat, 12 August 2011 06:37 AM

Sorry - meant insufficient space to leave a 6m gap.   Oops.

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editor
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Re: Park Home Legislation

#4, by editor, 12 August 2011 07:50 AM

Ah!  I did try to read between the lines without success! That makes sense now.

I would phone your Licensing Officer at the Local Council and explain the situation. They are not allowed to divulge their source. They should then come out to do an inspection.

Ed.

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evergreen
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Re: Park Home Legislation

#5, by evergreen, 14 August 2011 10:56 AM

Hello  Ed,   I  posted  on  this  thread  and  it  seems  to  have  vanished, do  you  know  why  this  is ? thanx  evergreen

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Re: Park Home Legislation

#6, by editor, 14 August 2011 12:11 PM

Not guilty!

Ed

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evergreen
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Re: Park Home Legislation

#7, by evergreen, 14 August 2011 03:07 PM

Hello  Ed  thanx  for  that  lol....What  I  wanted  to  know  was ...I  understood  that  site   owners  have  to  have  planning  permision  to  site  a  home, if  so , surely  perimeters  are  part  of  this  procedure,  thanx  evergreen

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Re: Park Home Legislation

#8, by editor, 14 August 2011 04:26 PM

One home on an existing park, or a whole park?

Ed.

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Re: Park Home Legislation

#9, by evergreen, 14 August 2011 07:39 PM

Hi  Ed ,  one  home  on  an existing  park, thanx  evergreen...hope  ur  well .

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meerkat
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Re: Park Home Legislation

#10, by meerkat, 15 August 2011 06:46 AM

Thanks guys.   I have contacted my local council, and obtained a copy of the site licence where it unambiguously states 6m between units.   They have also sent me a copy of the Model Rules for guidance purposes.   Armed with all this information I will now do (in the nicest way possible) do battle!

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Re: Park Home Legislation

#11, by evergreen, 15 August 2011 09:42 AM

Hi  meerkat, they  say  knowledge  is  a  powerful  thing,  hope  you  can  get  your  point  across  without  unpleasantness..........Bodacia  comes  to  mind  lol...good  luck  in  your  mission  evergreen

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editor
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Re: Park Home Legislation

#12, by editor, 15 August 2011 01:19 PM

Hi  Ed ,  one  home  on  an existing  park, thanx  evergreen...hope  ur  well .

-evergreen

Hi Evergreen

There are many different scenarios, which could take a long time to go through, but I guess the more logical one would be that the park owner is siting a new home within his/her existing number of plots allowed. If that is the case they would have to comply with the new Site Licene Conditions under the 2008 Model Standards, three metres from a boundary, six metres from another home and two metres from the road. I'm assuming that this would be on an existing old plot.

Probably things have changed since I last owned a park, but I would have run this passed the Licensing Officer for approval.

If they are siting another home not as above, let me know and I will try and help.

Regard

Ed.

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Re: Park Home Legislation

#13, by editor, 15 August 2011 01:19 PM

Hi  Ed ,  one  home  on  an existing  park, thanx  evergreen...hope  ur  well .

-evergreen

Hi Evergreen

There are many different scenarios, which could take a long time to go through, but I guess the more logical one would be that the park owner is siting a new home within his/her existing number of plots allowed. If that is the case they would have to comply with the new Site Licene Conditions under the 2008 Model Standards, three metres from a boundary, six metres from another home and two metres from the road. I'm assuming that this would be on an existing old plot.

Probably things have changed since I last owned a park, but I would have run this passed the Licensing Officer for approval.

If they are siting another home not as above, let me know and I will try and help.

Regard

Ed.

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cyd44
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Re: Park Home Legislation

#14, by cyd44, 17 August 2011 03:18 PM

Sadly, our father passed away in Jan this year and has left us his Park Home which we advertised for sale. We recently recieved, and accepted, an offer to buy via our estate Agents but when the agent ontacted the new site owner he refused to complete any sale saying he was going to relocate the property 18" nearer to the ajoining one. He said he will not sanction sale until such times has he has received formal approval from the Council. However, we now find out that he has not even submitted his proposal to the council for approval and we are worried that the propsective buyer will back out of the sale.

On another matter, our property is exactly 6 meters from the property but it appears that others are not and he wants to move us 18" closer that the required 6 meteres in order that he can creep the others to meet legislation. Whilst we were initially willing to allow this to happen, the fact that he is delaying the move by blaming the lack of Council response makes me angry and the owner is not willing to discuss this.

The questions I would like to ask are:-

1. Can he prevent this sale in the first place.
2. What course of action have I got if the buyer walks away from this because of the delay he is creating.
3. Can the Council sanction this move when it clearly breaches the 6 meter rule.

Any help would be much appreciated.

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editor
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Re: Park Home Legislation

#15, by editor, 17 August 2011 08:41 PM

Hi Cyd44 and welcome to the forum,

As your home is already the required 6 metre distance from the neighbouring park home, to move it closer by 18" would be a breach of the site licence conditions.

For reasons whereby the park owner can require a home to be moved, you need to read the Government's Park Home Factsheet - Resident's Rights and Obligations, which you can download from the Download page on Park Home Living. See Page 9 - Re-siting of the park home.

Yours is not one of them and to use this reason to not approve a sale is 'unreasonable' and if he persists when you show him the booklet, then you should contact the Residential Property Tribunal Service. You wouldn't need a solicitor, but it would cost you £150. We have two features on the website at the moment, which you should read.

Mobile Homes Act 1983 dispute resolution in the Residential Property Tribunal
A Guide to the Residential Property Tribunal for park homes

It really doesn't surprise me that the park owner hasn't been to the Local Council as he says he has. I have never heard anything so ridiculous as to say you are going to move a park home sited legally, to a position 18" less than the required minimum distance and in any case, as the move is not for essential repair or emergency works, he would have to apply to the Courts (not the Local Council) for permission to move it.

Hope this helps.

If you would like to PM me with the name of the park we are able to make sure that no one from this office recommends the park to anyone. We will not contact the park or the park owner. It would be just for our information only.

Good luck! Anymore questions you know where we are.

Regards
Ed

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meerkat
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Re: Park Home Legislation

#16, by meerkat, 18 August 2011 11:48 AM

Just to add to this - I was faced with a similar situation as a prospective purchaser.    I took legal advice and was told the site owner is in breach of the law as any such contract would have been signed under duress and would have no legal standing in a court of law.   As Ed has stated the site owner has to have a valid reason, underpinned by planning permission.   I would reckon your site owner is trying to shoe horn in extra homes to make more money.

Evergreen - what you you think.

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cyd44
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Re: Park Home Legislation

#17, by cyd44, 18 August 2011 02:00 PM

Hi Ed & Evergreen,

Many thanks for the valuable information. Ed, the park home site is Dunham on the Hill and a new owner has taken over recently called David Ray (I believe he has other sites in the South).

Our worry here is that the purchaser will back away and we will be left with the liability. It appears she would be happy to let the move take place but we have already waited 2 weeks and nother has happened.

I have contacted Chester Council and have found out that a site meeting had taken place and they are awaiting His proposal before they can consider it.

The issue here is that our property is the required distance in one direction and more that the required distinance in the other. However, the ones beyond are not within the 6 meters so it appears that he wants to move the other 3. I suspect that the only way he can do this is by moving our property to less than the required distance. What distirbes me is that the Council person currently dealing with it appears to be supportive but I guess she would not have final say.

The cleft stick situation is the owner will not allow sale until he has heard from the council and the council cannot make a decision until he has submiited the necessary documentation.

Would I be able to contact the Tribunal Service for advice on this matter ED?

Once again, many thanks
Cyd

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evergreen
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Re: Park Home Legislation

#18, by evergreen, 18 August 2011 04:18 PM

Hello  Cyd  and  Meerkat...I  agree  with  Ed  if  the  home  in  question  is  the  correct  distance  it  should  be  left  as  it  is...if  the  other  homes  are  out  of  kelter  thats  the  owners  and  site  owners  problem,  stick  to  your  guns  Cyd...get  as  much  knowledge  as  you  can...rogue  site  owners  hate  knowledge,  mine  dosnt  even  speak  to  me  because  I  question  him ( only  if  I  think  hes  in  the  wrong )..the  links  that  Ed  have  given  are  a  starting  point,why  dont  you  try  the  CAB, what  they  dont  know  they  will  ring  back  once  they  find  out............is  your  buyer  in  a  rush  to  move ?  Id  put  her  in  the  picture.....but  I  still  cant  see  why  your  home  will  have  to  be  moved...................sometimes  theres  no  middle  ground  the  site  owners  cant  wait  for  their  10%...or  they  put  every  obsticle  into  the  sellers  way.........hope  you  get  this  problem  sorted  without  loseing  your  sale.......good  luck  evergreen

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cyd44
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Re: Park Home Legislation

#19, by cyd44, 18 August 2011 04:47 PM

Many thanks evergreen, any advice is appreciated as we are very new to this.

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