Lawyer Monthly - October 2021 Edition

38 WWW.LAWYER-MONTHLY.COM | OCT 2021 BUYING A HOLIDAY PARK: THE LEGAL CONSIDERATIONS With travel abroad still under strict restrictions thanks to the ongoing COVID-19 crisis and the impact of Brexit, staycations have become a significant trend of 2021, which has helped to boost the UK economy and support local businesses at what has been a period of significant economic uncertainty. In fact, according to holidaycottages.co.uk, four out of five Brits (84%) are planning a staycation in 2021. We have already seen the positive impact of the staycation boom on numerous businesses, including Hull-based holiday home manufacturer Willerby, which recently reported that it was hiring over 100 staff to meet the growing demand for holiday homes. In fact, Park Leisure recently revealed that over three quarters of Brits (77%) now aspire to own a holiday home in the UK. Now more than ever, the public are contemplating buying a holiday home or lodge on a park, leading to more interest in existing and new operators looking to invest in this sector by buying or developing a holiday park business. Yet there are numerous legal pitfalls that anyone should be aware of before committing to such a move. This article explores the main issues to note when dealing with holiday parks, but we have also referred to residential parks where appropriate as they are governed by similar regulations. Property and Planning Law The main value of a holiday park is usually the property or land that is being purchased. It is therefore key to check that the title plans match the boundaries on the ground, as parks are often added to over time, but this will not have been noted in the plans. Access is vital. If access to the park is via a track or small road over adjoining land, the correct rights need to be granted to get in and out of the park. The same applies for services. For example, we offered advice for a situation where a park used a drainage pipe which was owned by an adjoining farm. Years later, pitches had been added and the farm had been sold to another party, leading to a dispute as to whether the park had the appropriate rights to use the drains. Check the site has the correct planning permission and site licence for the current use. Park operators can sometimes add additional units to the park without securing formal consent which can lead to difficulties later down the line. While rights can be acquired, this is not guaranteed. Discrepancies may also occur between the number of units permitted by the planning Buying a Holiday Park: The Legal Considerations Appetites for holiday homes and lodges have swelled in the UK on the back of the COVID-19 pandemic and the ensuing staycation boom. Nick Dyson, Head of Commercial Property at Blacks Solicitors, discusses the legal pitfalls that need to be considered when purchasing a holiday or residential park. Nick Dyson is a partner at Blacks Solicitors and heads up both the Commercial Property team and specialist Holiday & Home Parks team. He advises property investors, developers and occupiers as well as funders on acquiring, developing, selling, letting and charging property, and is regarded by the Legal 500 as “always reliable”. Since taking his position as a partner, Blacks’ Commercial Property team has more than quadrupled in size. Blacks Solicitors is a 25-partner firm providing a wide range of legal services to commercial and private clients in Yorkshire and across the UK. With 180 employees, the Leeds-based firm provides advice on corporate and commercial law, commercial property, leasehold enfranchisement, employment & human resources, commercial and civil dispute resolution & litigation, residential property & conveyancing, wills & probate, and family law. In addition, Blacks also acts for clients across a range of niche sectors including healthcare, education, leisure & hospitality (including holiday & home parks and hotels) and sport.