Latest insights from our experts

Posted 18 April 2014
by Paul Kelly

Holiday Caravan Sites (Wales) Bill – The Residence Test

On the 17 March 2014 the Holiday Caravan Sites (Wales) Bill (“the Bill”) was introduced in the National Assembly of Wales. The Bill is currently being considered by The Communities, Equality and Local Government Committee (“the Committee”) who are publically consulting with all parties who have an interest in the subject.

One of the main provisions introduced by the Bill is a residence test.

The residence test will be made a mandatory condition of all site licences for holiday caravan sites, and requires the park owner to conduct tests to establish whether an occupier is using their caravan as their only or main residence.

Park owners will be required to obtain and maintain a record of evidence as to how an occupier has passed the residence test. This register will be subject to inspection by the Local Authority at least once a year.

Where any occupier fails the residence test the park owner will be required to inform the Local Authority as soon as is reasonably practicable. If the Local Authority believe that the occupier is using their holiday caravan as their only or main residence they will send the occupier a notice and could issue them with a fixed penalty. The Bill will also make it an offence, punishable by a fine, for an occupier to ignore a notice issued by the Local Authority.

If you would like to respond to the Committee with regards to this provision or any other provision proposed by the Bill you should send them by email: CELG.committee@wales.gov.uk or alternatively by post:

Committee Clerk,
Communities, Equality and Local Government Committee
National Assembly for Wales
Cardiff Bay
CF99 1NA

Responses should be sent by the 23 May 2014.

If you have any questions regarding the Holiday Caravan Sites (Wales) Bill then contact the Parks team on 01392 207020 or email parks@tozers.co.uk

Want to know more?

Request a call back or ask us a question using our quick-contact form.
Alternatively you can call us on 01392 207020.

About the author

Paul Kelly

Partner

Paul is the managing partner of the firm