On 1st July 2021 the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 came into force.
The regulations permit the land for use as a residential mobile home site only if the owner or manager is a fit and proper person.
This is determined by the local authority based on a fit and proper person test.
The purpose of the fit and proper person test is to improve the standards of residential mobile home site management.
The regulations apply to all relevant protected sites, as defined in section 5A(5) of the Caravan Sites and Control of Development Act 1960. This includes both wholly residential and mixed use (holiday and residential) sites. The only sites exempted by the regulations are those occupied by members of the same family and not being run as commercial (where units are sold or rented to residents) residential sites.
The person responsible for managing the site must be a fit and proper person. This person is referred to as the ‘relevant person’ in the regulations. The person who is on the register should be the person with day to day responsibility for the running of the site.
It is the responsibility of the site owner to make the application, even if it's the site manager who will be on the register. If a site isn't owned by an individual, the application must be made on their behalf by a ‘relevant officer’. Who the relevant officer is will depend on the circumstances of the site’s ownership.
What is a fit and proper person?
As part of the application to be on the fit and proper person register, the site owner must provide information relating to;
- the conduct of the person applying (the ‘relevant person’)
- their ability to secure the proper management of the site.
