The Site Rule Making Procedure

Site Rules

Posted by Justin Allitt in Comment, May 16, 2016

Everything you need to know about the site rule making procedure

While there isn’t an overarching set of park rules that apply to all parks, such as age limits or policies on pets and children, many park owners choose to impose their own park rules.

But since 2014, new park rules were required and park owners had to follow a strict procedure when doing so. Park owners had to also consult with all residents before making or changing any park rules.

What’s the process of creating new park rules?

The process is straight forward; The park owner has to fill out a proposal notice which will then be served to all of the residents of the park which will be clearly set out as well as the reasons for the changes.

It is important that this notice is sent to every park home owner and any resident’s associations so that they have the opportunity to either accept or reject the changes, which you will have 28 days to do from the day the notice is served.

The response can be in any form whether it be a letter, email or simply orally. Keeping a record of any correspondence is of course advisable.

What happens next?

The park owner will then consider all of the responses to the proposed  rule changes and serve a Consultation Response Document (even if they received no responses) as well as a draft of the new site rules.

This will give details of any responses and any changes that they have made after reviewing the feedback.

What if I object to the park rule changes?

If you still wish to object to the proposed rule changes you must appeal to the first-tier tribunal (property chamber) within 21 days.

To do so you will need to fill out either a PH14 or PH15 form. Usually, a PH15 will be needed as this regards ‘the proposed making, varying or deletion of site rules’.

Before doing so, it’s important that you establish that you can show that the site owner has acted unreasonably or that they haven’t allowed the 28 days for the residents to respond.

What can the tribunal do?

A tribunal can either uphold or reject the rule changes or order the park owner to comply with a procedural requirement if it wasn’t being followed.

The decision of the tribunal is final and the park owner and the homeowners will be bound to it.

If the rules are upheld, then the site owner will have 14 days from the tribunal date to deposit them with the local authority.

They will then need to notify all the park owners with a Notification of Deposit of Site Rules, which will confirm that the new rules will be coming into effect in 21 days’ time.

Once the site rules have been lodged at the local authority they will examine them to make sure that there are no banned rules included, and will then display them in a register which anyone can go and view, and they should also be published online.

For further reading on park homes you can read our blog on knowing your rights.