If you run a site in Scotland where people live permanently in mobile homes, you need a Part 1A site licence from the local council. Part 5 of the Housing (Scotland) Act 2014 inserted a new Part 1A into the Caravan Sites and Control of Development Act 1960 to license "relevant permanent sites", replacing the old indefinite licences. The regime started on 1 May 2017, and existing licence holders had until 1 May 2019 to apply for a Part 1A licence.
This is Scotland's counterpart to the site licensing rules in England (Mobile Homes Act 2013) and Wales (Mobile Homes (Wales) Act 2013). The Mobile Homes Act 1983 still governs the agreements between you and the people who own homes on your site. The 2014 Act adds protection for those residents, so a licence that expires, is refused or is revoked does not end their right to keep their home on the pitch (paragraph 1A of Schedule 1 to the 1983 Act, inserted by section 84 of the 2014 Act).
Which sites need a licence
A relevant permanent site is a site used for residential mobile homes with permanent residents. Holiday-only sites, sites occupied only seasonally by showpeople and sites where the only permanent residents are employees are outside the regime (Scottish Government guidance).
How the council decides
The occupier of the land applies to the local council, usually through its environmental health service (section 32B of the 1960 Act). The application must be in writing and identify the land, the applicant, any site manager and anyone else whose fitness must be checked, plus any information the council reasonably asks for. Each council sets its own fee, which must not exceed what it considers the reasonable cost of deciding the application (section 32C).
The council has three months to decide an application for a first licence, a renewal or a transfer. The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 set this limit under section 32F. It may issue or renew the licence only if you are entitled to the benefit of planning permission for use as a relevant permanent site (other than by a development order) and it is satisfied that you are a fit and proper person (section 32D).
The fit and proper person test applies to the licence holder, the individual at the top of the management structure, anyone appointed to manage the site and, where the manager is not an individual, the people directly involved. The council looks at convictions for fraud, violence, drugs, firearms or sexual offences, unlawful discrimination, breaches of caravan, housing or landlord and tenant law or of a Mobile Homes Act agreement, resale of gas, electricity or water above the permitted prices, antisocial behaviour and breaches of site licence conditions (section 32O).
A licence lasts up to 5 years from the day it comes into operation, or until you lose the benefit of planning permission if that is earlier (section 32J). The council sets conditions using model standards, and Circular 17/1990 applies until updated guidance is issued.
What you must do
- Confirm the site is a relevant permanent site and that you hold the planning permission the council will check first.
- Apply to the council that covers the site with the application information and fee. Include details of anyone who will manage the site, because they must pass the fit and proper person test too.
- Display your licence conditions and keep to them. Breaching a condition can lead to a fine of up to £10,000.
- Notify the council of changes that affect the information you gave, for example a new manager. Failing to notify is an offence.
- Renew before the licence runs out. The council must renew if you still have planning permission and are fit and proper.
- Give each home owner the written statement of their agreement that the Mobile Homes Act 1983 requires (the Mobile Homes (Written Statement) (Scotland) Regulations 2013 set its form), and keep to the implied terms in Schedule 1 to that Act.
Offences and council powers
Using land as a relevant permanent site without a licence can lead to a fine of up to £50,000 (section 32S). Breaching a licence condition can lead to a fine of up to £10,000 (section 32T). Giving false or misleading information, or failing to notify the council, can lead to a fine of up to level 3 on the standard scale (sections 32R and 32K).
The council can also serve improvement notices (sections 32U to 32W), serve a penalty notice (section 32X), appoint an interim manager (section 32Y), take emergency action (section 32Z) and revoke a licence if you fail the fit and proper person test (section 32L). While a penalty notice runs, residents do not have to pay pitch fees, rent or site charges for that period, and you cannot claim commission on sales of homes. Operating unlicensed is therefore costly as well as a criminal offence.