“Families Face Eviction Nightmare”
“Residents living in a caravan park face having their homes removed after it emerged they had been built without planning permission.”
“The four homes, in Highley Park, were built in open countryside, against planning law.
Bridgnorth District Council has refused a retrospective planning application and ordered the caravans be removed”. BBC News. 16th February 2007. Note. Ref. The word Caravan. All Park Homes, Lodges are officially classified as “Caravans” and the parks the homes are stationed on are “CARAVAN SITES. See Caravan Sites Control of Development Act 1960/68. These poor people paid between £140,000 and £180,000 in good faith for their homes and now face not only being made homeless but also risk losing most of the money tied up in those homes. To hopefully avoid the risk of a similar fate happening to you, please, BEFORE YOU PAY OUT ANY MONEY, Check the Site Licence as follows……
Before buying a park home, whether it is brand new and being purchased directly from a park owner, or a pre-owned home that is already stationed on a plot and being sold by its occupier, it is absolutely essential for your future welfare that you check out the type and validity of the current Licence, issued by the Local Council to the owner/operator of that particular park the home is to be, (if not yet delivered and assembled) or is already stationed on.
This check on the Licence should be carried out before any money is paid by way of a deposit or any documentation signed. This is especially important as unlike buying a bricks and mortar house a park home is a CHATTEL and is purchased in exactly the same way as a car or TV. Again, unlike bricks and mortar the services of a Solicitor are not needed, although PHRAA would strongly recommend that any prospective buyer, in view of the vast sums of money involved, the fact that it will be your home for probably many years to come, and the vagaries of The Mobile Homes Act 1983/2006, employ the services of a Solicitor with at least a working knowledge of Park Home Law, to oversee the transaction. Much of the park home advertising states that a Solicitor is not needed and many park owners actively discourage their use, but for a degree of peace of mind, again bearing in mind the vast sums of your money involved, a few pounds spent on a solicitor to at least check over the Agreement (contract) before you part with any money, could save heartache later. Alternatively you can contact PHRAA who will pleased to check the paperwork for you on receipt of copies.
What every prospective park home buyer should know is that every park home or holiday lodge, however large, luxurious and expensive is in fact officially classed as a CARAVAN. Even the 60 feet x 20 feet £300, 000 most expensive home or lodge is still classed as two caravans joined together and the park its stationed on is a CARAVAN SITE, which is strictly governed by the type of Planning Permission, Holiday or Residential, granted by the Local Council together with the Terms and Conditions of the Site Licence, issued to the park operator controlling its use. (Holiday or Residential) Caravan Sites Control of Development Act 1960.
As I have already mentioned whether the residential park home you are considering buying is brand new or has been on the park for many years, before you pay out any money, CHECK THAT THE PARK HAS A PERMANENT FULLY RESIDENTIAL LICENCE. (Protected Site). This is done by visiting the Licensing Officer at the Environmental Department of the Local Council responsible for the area where the park is situated. Ask to see a copy of the Licence and if possible obtain a copy, together with the attached Conditions. (there may be a small charge for copying). Ask questions including how often and when was the site last inspected by the Council. This is especially important if you are buying a home on a site that is clearly being re-developed, in that there may be more homes being installed than the number allowed as stated on the Licence, or as in the case at Highley, homes are being placed on land outside the approved boundaries of the park, which does not have planning permission.
Other questions worth asking include… Have the Council received any complaints from residents regarding the owner of the park, and, are there any outstanding problems with the park owner regarding his compliance with the terms and conditions of that Licence?
Some Holiday only Licensed parks have 12 month a year Licence which may lead prospective buyers to believe that they can live there all the year round as their only and main residence. This is not so, it is still a holiday park and the homeowners have no protection whatsoever from the Mobile Homes Act 1983/2006, which only covers residential only parks. NEVER BUY A PARK HOME ON A HOLIDAY LICENSED SITE TO USE AS YOUR ONLY AND MAIN RESIDENCE.
Some parks are a mixture of holiday and residential homes. Make sure that the home you are thinking of buying is definitely on the residential part of the park.
Always check the Licence with the Local Council. Do not take the Park Owners word. It is so easy to be mesmerized by the beautifully presented park home and the reassuring patter of the charming park owner. Remember if you get it wrong and do not do all the necessary checks, it is you who will suffer, not the park owner. A few minutes spent checking before you commit to buying, could save months or even years of costly and traumatic Court Action later, as those unfortunate homeowners in Shropshire now face.
If you are still not sure as to which questions to ask of the Council, please take a copy of this warning bulletin with you.
If you wish any further information and/or have found yourself in a similar position please contact PHRAA. All information is treated in confidence.
Ron Joyce. General Secretary. PHRAA.
March 2007.
