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This article explores the proposed Rights of Boat Dwellers Bill and its potential impact on boat owners, marinas and navigation authorities.
A Private Members’ Bill, The Rights of Boat Dwellers, was recently introduced in the House of Lords by Baroness Bakewell MBE. On Friday 17 July 2026, it had its second reading in the House of Lords. Baroness Bakewell says the Bill aims to ‘recognise a boat as a lawful home, with the rights and protections that any other home carries’.
There seems to be general consensus that boat dwellers face genuine difficulties accessing health care, financial services and registering to vote when they do not have a permanent address or place to moor. The contention lies as to how far Parliament should go in establishing statutory rights for boat dwellers, which in turn will limit the powers of navigation authorities and change existing licences and mooring requirements.
The courts have previously dealt with the issue of houseboats, but without the legislation in place to interpret the rights of boat dwellers, there is only so much the courts can do to address this gap in the common law. The Bill hopes to rectify that.
Key proposals
Recognition of the boat as a home
The Bill would recognise a boat dweller’s primary residence as their lawful home where they live on a boat on a ‘British river or canal, or in British coastal waters’. In particular, the Bill aims to protect boat dwellers who do not have a permanent mooring from being evicted if they have been in one place for less than six months (if doing so would ‘infringe’ on one of the boat dweller’s rights).
Access to public services
The Bill proposes a right of access to services such as healthcare, education and financial services, including for those without a permanent mooring. The draft Bill instructs the Secretary of State to amend current primary legislation to enable this.
Security of tenure
Under the Bill, ‘relevant authorities’ would be required to have regard to boat dwellers’ rights when exercising functions such as licensing, eviction or enforcement action.
Safe passage and enforcement
The Bill includes provisions to address cruising patterns, the seizure of boats and the right to safe passage.
What Is the Current Legal Position?
The Court of Appeal made the unanimous decision in Chelsea Yacht & Boat Co v Pope [2000] that a houseboat is not a ‘dwelling’ for the purposes of the Housing Act 1988 as it lacks permanence. They adopted the infamous test, which was also used in Elitestone Ltd v Morris [1997] 1 WLR 687 (HL), to analyse the degree of annexation and the degree of purpose of the houseboat.
Concerns Raised About the Bill and the Potential Impact on Marinas and Navigation Authorities
British Marine is ‘strongly opposed’ to the Draft Bill ‘as currently introduced’ and raised some of the following practical dilemmas in their reasoning; they warn that the Bill would have ‘perverse outcomes’ and ‘many of its provisions would dramatically undermine the ability of “relevant authorities” to safely and effectively manage UK’s inland and coastal waters.’ This includes exacerbating the issues navigation authorities already face enforcing regulations and pushing away those who enjoy recreational use of the inland network, in turn potentially impacting the hire boat trade.
The second reading of the Bill in the House of Lords raised concerns surrounding council tax; if all boats had a right of residence, there would be classification issues. Moreover, questions remain to be answered as to how public and local authorities would provide services, dependent on catchment areas or proof of residence, for people without a permanent address.
Navigation authorities, such as the Canal and River Trust, will be directly impacted by the draft Bill as current continuous cruiser requirements will need to be amended under the draft Bill.
Looking to the Future
The Bill is at an early stage and is due to go on to the Committee Stage in the House of Lords. Nonetheless, the draft Bill raises the question as to whether there should be clearer recognition and real legal protections for those whose only or principal home is a boat. It remains to be seen how and whether the Bill will progress through Parliament, but it is evident that what happens next will indicate whether there is a desire for a more formal legal framework to determine the rights of boat dwellers in England and Wales.
Potential Implications if the Bill Becomes Law
If there are calls for reform in this area, then ‘relevant authorities’, including marinas, navigation authorities and local councils, will need to prepare for the duties that would become law. Moreover, these ‘relevant authorities’ would need to establish clear procedures to prevent any offence of infringing on the right to safe passage, which in the draft Bill can be an imprisonable offence.
It is clear that should the rights of boat dwellers be extended to those akin to individuals residing on land, it is for Parliament to regulate this gap in the law. Currently, the case law suggests that individuals who use their boats as a home do not have the same protections as those in ‘bricks and mortar accommodation’.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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