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Posted 13 September 2013
by Paul Kelly

The rules are the rules

The Department for Communities and Local Government (DCLG) have recently published a discussion paper setting out the proposals for the new scheme for residential park site rules.

The regulations setting out the new procedure are expected to come in to force in the autumn of this year. The proposals in brief are:

  • Pre-commencement rules (rules in force on 26 May 2013) will cease to have effect from 26 May 2014, though this date could be extended to autumn 2014.
  • Rule must be made by consultation with the residents on the park and the regulations will set out the procedure which must be followed. Once the rules have been agreed (in accordance with the regulations) they must be deposited with the Local Authority. Once deposited, they will come in to force and form part of the express terms of the agreement binding both the park owner and resident.
  • If a set of park rules cannot be agreed in accordance with the regulations, then the park owner or the resident can make an application to The First-Tier Tribunal (Property Chamber) for a determination on the matter.
  • Certain types of rules will be banned as prescribed by the regulations.
  • No site rule can be changed until the new regulations come in to force. Any rules made after 26 May 2013 and before the introduction of the regulations will be invalid and as such unenforceable.

Your comments about the proposed changes are welcomed by the DCLG and should be made by email to parkhomes@commmunities.gsi.gov.uk by 11 October 2013.

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm