|
The Mobile Homes Act provides a legal definition
for what constitutes a mobile home. It also defines a park owner’s
responsibilities and obligations, and the rights of mobile home
owners on protected sites. This particular act does not in itself
deal with parks which come under a holiday home licence.
Click to view the Mobile
Homes Act 1983
Click to view the Mobile
Homes Act 1983 (Amendment of Schedule 1)
Mobile Home Legislation
The definition of a caravan is provided in section 29 of the Caravan
Sites and Control of Development Act 1960 as follows:
• In section 29 (1) of the Caravan Sites and Control
of Development Act 1960 ("The 1960 Act") a caravan
is defined as
o "... any structure designed or adapted for human habitation
which is capable of being moved from one place to another (whether
by being towed, or by being transported on a motor vehicle or trailer)
and any motor vehicle so designed or adapted but does not include:
o Any railway rolling stock which is for the time being on rails
forming part of a railway system, or
o Any tent."
• This definition has been modified by Section 13 (1) of the
Caravan Sites Act 1968 ("The 1968 Act"),
which deals with twin-unit caravans. Section 13
(1) provides that:
"A structure designed or adapted for human habitation which:
a) Is composed of not more than two sections separately constructed
and designed to be assembled on a site by means of bolts, clamps
or other devices;
and
b) Is, when assembled, physically capable of being moved by road
from one place to another (whether by being towed, or by being transported
on a motor vehicle or trailer), shall not be treated as not being
(or not having been) a caravan within the meaning of Part 1 of the
Caravan Sites and Control of Development Act 1960
by reason only that it cannot lawfully be moved on a highway when
assembled."
Section 13(2) of the 1968 Act (amended October 2006, see below for
full document) prescribes the following maximum dimensions for "twin
unit caravans"
(a) length (exclusive of any drawbar); 65.616 feet (20 metres);
(b) width: 23.309 feet (6.8 metres);
(c) overall height of living accommodation (measured internally
from the floor at the lowest level to the ceiling at the highest
level): 10.006 feet (3.05 metres).
So far as the law is concerned, a park/mobile home,
a caravan holiday home, touring caravan
or Gypsy and Traveller home are all capable of coming within the
legal definition of a caravan provided they retain
the element of mobility. Mobility, in this context, means that the
caravan must be capable of being moved when assembled
from one place to another. This means that it cannot be fixed to
the ground. Permanent works, such as an extension or large porch,
which fix the caravan to the ground could mean
that a caravan no longer comes within the legal
definition of a caravan and could as a consequence
be treated as a building. This could have serious planning, legal
and contract implications for site owners and residents alike such
as residents of park homes not having protection under the Mobile
Home Act 1983 (see
above for full Mobile Home Act)
To view the Caravan Sites and Development
Control Act 1960 click here.
To view the Statutory Instrument
detailing the amendments to the Caravan Sites and Development Control
Act 1960, click here
If you have any queries regarding this topic or any
other, please do not hesitate to call us on 01376 501011 or email
on info@joalleisure.com
|