The changing legal landscape for East Anglia’s holiday park sector
East Anglia’s holiday park sector has long been an important part of the region’s tourism economy. From coastal caravan parks in Norfolk and Suffolk to rural lodge developments further inland, these businesses attract significant investment into the region and, in many cases, are substantial businesses and employers in their own right.
The sector continues to offer plenty of opportunity, but the legal landscape in which park owners are operating is becoming increasingly complicated. Greater scrutiny of the relationship between park operators and holiday home owners, planning and environmental pressures, changing tax rules and the usual challenges associated with running and growing a business all need to be considered.
Matthew Evans, Head of Leisure and Tourism at Rogers & Norton Solicitors, believes this means park owners increasingly need to look at legal risk across their whole business, rather than treating contracts, planning, occupancy and taxation as completely separate issues.
“Holiday parks are interesting businesses because there are so many different legal and commercial considerations sitting underneath what the customer sees. You can have property and planning issues, consumer contracts, employment matters, licensing and health and safety requirements, alongside all the normal challenges that come with running a business.
“For park owners, the important thing is making sure those different areas work together because a problem in one can very quickly have consequences elsewhere.”
Consumer protection firmly in the spotlight
Perhaps the most visible issue for the sector at present is the increased scrutiny surrounding the sale and ownership of static caravans and holiday lodges.
Recent BBC investigations have highlighted complaints from holiday caravan owners concerning pitch fees, resale arrangements and contractual practices, with some owners calling for greater regulation of the sector. BBC News: Holiday park caravan owners say industry needs regulation
The issue has also moved beyond media scrutiny, with groups of caravan owners pursuing compensation claims relating to their experiences of holiday park ownership. BBC News: ‘Ripped off’ caravan owners start compensation fight
For reputable park operators, this should not simply be viewed as a problem elsewhere in the industry. It is a timely reminder of the importance of transparency in the relationship between a park and its holiday home owners.
The Consumer Rights Act 2015 provides protections against unfair terms in consumer contracts and having a written agreement in place does not necessarily remove the risk if the terms themselves, or the way they are applied, could be considered unfair.
As Matthew explains: “Park owners should be asking whether their terms are clear, whether customers properly understand what they are agreeing to and whether what happens in practice reflects what was represented when the holiday home was sold.
“Pitch fees, commission and resale arrangements, restrictions on private sales and provisions concerning the age or replacement of units can all become contentious if expectations have not been properly managed. Agreements should also be reviewed regularly because relying on the same terms that have perhaps been used for many years isn’t necessarily going to be sufficient.”
Holiday use or someone’s permanent home?
Another area capable of creating significant problems is the distinction between holiday and residential use. A holiday lodge may be capable of being occupied throughout much, or even all, of the year, but that does not necessarily mean somebody can use it as their permanent residence. Planning conditions and site licences may impose restrictions on how accommodation can be occupied and problems can arise where there is a disconnect between those restrictions and what a prospective purchaser believes they have been told.
This is where the sales process itself becomes particularly important.
“A sales conversation can have much wider consequences than people sometimes appreciate,” Matthew says. “If a park is authorised for holiday use, staff shouldn’t be giving purchasers the impression that they can simply move in and use a lodge as their permanent home. The marketing, the written agreement and what the sales team actually says to customers all need to be consistent.”
For that reason, reviewing written agreements alone may not be enough. Park owners should also consider their marketing materials, internal sales procedures and the training provided to staff who are speaking directly with prospective purchasers.
Growing a park brings different challenges
For successful operators, expansion is naturally attractive. Additional pitches, new lodges, improved facilities or the acquisition of another site can all create opportunities for growth, but development within some of East Anglia’s most attractive coastal and rural locations can also bring considerable planning and environmental challenges.
A recent example demonstrates how finely balanced these decisions can be. Plans for holiday lodges at Pentney Woods in Norfolk were refused by the local authority before the decision was overturned on appeal by a Planning Inspector. BBC News: Developer wins appeal to build holiday lodges on woodland
Landscape impact, change of use, highways considerations, ecology and environmental mitigation can all affect whether a proposed development is viable and what conditions may ultimately be attached to it. For operators, the wider lesson is that legal and commercial due diligence should begin before significant money is committed to a project.
Matthew explains: “Operators understandably see the commercial opportunity first – perhaps additional lodges, a new facility or another site – but you then need to look underneath that opportunity and establish what needs to happen to make it work.
“That can involve everything from the acquisition structure and property arrangements through to contracts and planning considerations, so getting advice early can make a real difference.”
Rogers & Norton has first-hand experience of supporting significant businesses within East Anglia’s leisure sector, including recently advising the new owners on the acquisition of Pleasurewood Hills, one of the region’s best-known family attractions.
A changing financial landscape
There have also been important tax changes for businesses and individuals involved in holiday accommodation. The Furnished Holiday Lettings tax regime was abolished from April 2025, removing the separate tax treatment previously available to qualifying furnished holiday accommodation.
Former FHL properties are now generally treated as part of an owner’s UK or overseas property business, with previous advantages including more favourable finance cost treatment, capital allowances and access to certain capital gains reliefs removed.
Although the tax position itself requires specialist accountancy advice, Matthew believes the change illustrates why legal and financial advice increasingly need to work alongside one another, particularly where park operators are considering acquisitions, restructuring, managed letting arrangements or longer-term succession and exit plans.
“The tax position can influence the commercial decision and the commercial decision can then influence the legal structure. Ideally, owners should be speaking to their solicitor and accountant before making that decision, rather than asking each adviser to deal with their respective part once everything has already been agreed.”
Looking at the park as a business
Perhaps the wider point is that the modern holiday park needs to be viewed as a sophisticated leisure business rather than simply a collection of pitches or accommodation. Many operators are investing in hospitality, entertainment, activities and improved facilities to increase visitor spend and create more of a destination, while others are acquiring additional parks, bringing in investors or beginning to think about succession and eventual exit.
Having worked both in private practice and as General Counsel in industry, as well as running his own business, Matthew believes legal advice is most valuable when it supports the commercial direction of a business rather than simply responding when something has gone wrong.
“Park owners are entrepreneurs and are constantly looking at what they can improve, what they can add and where the next opportunity might come from. As lawyers, we need to understand that.
“Our job isn’t simply to point out everything that could go wrong. It is to understand what the owner is trying to achieve and help them find a sensible and commercially workable way of getting there. Part of that, however, is making sure the foundations are right. Consumer agreements, sales practices, property arrangements and corporate structures that worked when a park was smaller may not necessarily be appropriate five or ten years later.”
There is clearly considerable opportunity within East Anglia’s leisure and tourism economy, but increased scrutiny of the sector means operators cannot afford to treat legal compliance as an afterthought. Reviewing customer agreements and sales practices, understanding the restrictions affecting a site and taking advice before expanding, acquiring or restructuring can help prevent issues becoming considerably more expensive further down the line.
As Matthew concludes: “The best time to identify a legal problem is before it becomes one. That doesn’t mean park owners need to become overly cautious, it is about making sure the legal side of the business keeps pace with its commercial ambitions.”
About Matthew Evans
Matthew Evans is Head of Leisure and Tourism at Rogers & Norton Solicitors and has more than 20 years’ experience working in private practice and industry. He advises businesses across the leisure and entertainment sector on commercial contracts, acquisitions and disposals, corporate restructuring, joint ventures, governance, growth and exit strategies.
Rogers & Norton’s Leisure and Tourism team provides commercially focused advice to holiday parks, visitor attractions, hospitality businesses and other leisure and tourism operators across East Anglia and beyond.
For further information, please contact Matthew Evans or our Leisure and Tourism team.
This article is provided for general information purposes only and does not constitute legal, tax or other professional advice.