Getting a licence for a residential mobile home site

A site licence is an agreement between a site owner and the local council.

Before you can get or renew a site licence, you and anyone else responsible for the site must pass a ‘fit and proper person’ test.

The site must meet the standards that are set out in the licence. If it does not, the council can require you to make improvements to meet the standards.

If you operate a residential site without a licence, you can be fined up to £50,000.

When you need a licence

You must have a residential site licence when you own:

a site with permanent, year-round residential homes
a mixed-use site, with both year-round residential homes and holiday units

If you run a mixed-use site, you should make it clear which units are licensed as permanent residential homes, and which are for holiday use.

You do not need a residential site licence if the site is only for holiday units. You can apply for a holiday site licence by contacting the local council.

If you own a private Gypsy/Traveller site

You must have a residential site licence if you own a private Gypsy/Traveller site.

Displaying the site licence

You must display the licence so that all residents can see it.

If the licence is not displayed, residents have the right to ask to see it. They can also contact the local council and ask to see a copy.

Residents can report any concerns they have about the site licence to the council.

Getting planning permission

Before you apply for a licence, you must get planning permission from the local council.

How to apply for a licence

Contact the local council to apply for a residential site licence. The council must decide if you’ll get a licence within 3 months of getting your application.

You must renew your licence every 5 years.

You’ll need to pay a fee when you apply and when you renew your licence.

Residential mobile home site licensing

Meeting site standards

During the application process, you’ll need to show that the site meets certain standards.

The council will tell you what standards you must meet when you apply. They can give you advice about meeting the standards if you need it.

You can check examples of the site standards on gov.scot.

The fit and proper person test

To get a licence or renew one, you must pass a ‘fit and proper person’ test.

This test is to make sure you’re an appropriate person to have a site licence. This includes checking if you have:

breached site licence conditions before
broken any laws about caravans or housing before
previously broken the terms of a written statement
broken the rules on reselling of electricity, gas, and water
engaged in antisocial behaviour, including harassing residents
have any unspent criminal convictions

Who else must pass the test

Any of the following people must also pass the fit and proper person test:

the most senior person in the management structure of the owning company
the person appointed to manage the site
the person directly responsible for managing the site

If your application is rejected

The council can reject your application in certain circumstances.

Before they can reject it, the council must:

tell you that they might not give you a licence
tell you the reasons why
let you provide more information to improve or explain your application

They must give you 28 days to do this.

If your application is rejected after providing more information, you can appeal to the sheriff court to challenge the council’s decision.

Transferring a licence if you buy an existing site

If you buy a site that already has a licence, the licence must be transferred to you.

To do this, the person selling the site must apply to the council. They’ll need to give information about you so you can pass the ‘fit and proper person test’.

When you take over running the site, you must make sure that:

the conditions of the licence for the site are met
all residents have a written statement

Removing your licence

The council can remove your licence during the 5-year term if they decide you’re no longer a fit and proper person. If your licence is removed, you can appeal to the sheriff court against the council’s decision.

Get advice about site licensing

The local council can give you advice before you apply for a licence, renew a licence or apply to transfer one.

You can get detailed information on mobile home site licensing guidance on gov.scot.

You can also get independent advice by joining the British Holiday and Home Parks Association.

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