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Skip Navigation LinksDepartment of Housing and Public Works > Housing > Industry regulation > Manufactured homes > Changes to manufactured homes legislation

Changes to manufactured homes legislation

The Housing Legislation (Building Better Futures) Amendment Act 2017 was passed by Parliament on 25 October 2017 and assented to on 10 November 2017.

It contains amendments to the Manufactured Homes (Residential Parks) Act 2003.

These changes increase:

  • transparency between park owners and home owners
  • security and confidence for home owners.

The changes provide a clear regulatory framework that will improve certainty for the residential park industry to build a stronger industry.

We will work with residential park operators to help them adjust to the new legislation.

What's changed?

The changes to the Manufactured Homes (Residential Parks) Act will reduce the disputes between home owners and residential park owners. Both parties will better understand their rights and obligations.

Dispute resolution

  • Changes to the definition of a residential park dispute: The types of residential park disputes that are subject to the formal dispute resolution procedures outlined in the Act.
  • Resolving a residential park dispute (dispute resolution process): Changes to the formal dispute resolution process that parties may use to solve a dispute, including negotiation, mediation and application to QCAT.

Noticeboard

  • Park rules display: The park owner must make all reasonable attempts to display on the noticeboard either the park rules currently in force or information about how a home owner can get a copy of the current park rules at no cost.
  • Site rent

    Site rent increases covered by the site agreement

    • A park owner can propose a general increase in site rent that uses the methods specified in the site agreement.
    • A park owner can’t calculate a general site rent increase using more than one basis at a time, though a site agreement may allow an increase using multiple bases (CPI and market review).
    • All general site rent increases for a particular basis must occur on the general increase day – a day nominated by the park owner – and not more than once a year.
    • A park owner must not increase the site rent on any basis stated in the site agreement less than 1 year after the day the site rent was last increased.
    • The park owner may use the Manufactured Homes Form 12 - General increase notice (PDF, 152KB) to propose a general increase in site rent. They must give it to the home owner at least 35 days before the nominated general increase day and the home owner has 28 days to dispute the increase in writing through the dispute resolution procedures.

    Site rent increases to cover special costs

    • In certain circumstances, a park owner may increase site rents in a residential park to cover special costs using methods not contained in the site agreement.
    • The 3 special cost types are:
      • operational costs: a significant increase in the cost of running a park, such as rates, taxes or utility costs for the park
      • repair costs: the cost of significant repairs to common areas or communal facilities in the park that you couldn’t have reasonably foreseen
      • upgrade costs: the cost of significant upgrades to common areas or communal facilities in the park.
    • The park owner may use the Manufactured Homes Form 13 - Increase in site rent to cover special costs notice (PDF, 169KB) to propose a special increase in site rent and give this to home owners at least 2 months before the proposed rent increase date.
    • If a home owner disagrees with a site rent increase to cover a special cost or doesn’t respond to the notice, the park owner can assume they dispute the site rent increase and begin dispute resolution procedures.

    Utilities

    • Utility cost in site rent (when a home owner’s utility use isn’t measured or metered separately):
    • Charging more than supply cost (when a home owner’s utility use is measured or metered separately): A park owner is prohibited from passing on to home owners the cost of a meter reading fee or administrative charges relating to the utility supply or on-supply (e.g. cost for time that they or a third party spends getting state government concessions or rebates).

    Park liaison committee / Home owners committe

    • Utility cost in site rent (when a home owner’s utility use isn’t measured or metered separately):
    • Charging more than supply cost (when a home owner’s utility use is measured or metered separately): A park owner is prohibited from passing on to home owners the cost of a meter reading fee or administrative charges relating to the utility supply or on-supply (e.g. cost for time that they or a third party spends getting state government concessions or rebates).

    Visitor and emergency access

    • Emergency access to a residential park: Park owner must ensure emergency vehicles can access to a residential park at all times, unless they have a reasonable excuse.
    • Visitors of a home owner or other resident: Park owner must not restrict a visitor of home owner or other resident, at the site or in a common area, without a reasonable excuse, including if the visitor is providing a health or community service (and are suitably qualified).

    Implementation

    We are currently working with the community and industry to finalise these changes. See our timeline (PDF, 288KB) for consultation and implementation details.

    Advocacy and support for residents

    Five organisations have been funded to conduct advocacy and support to ensure that residents of retirement villages, residential (manufactured home) parks and residential services:

    • understand their rights
    • can represent their interests to village operators, service providers, park owners and government.

    See the Right Where You Live website for more details.

    More information

    Contact us for more information.



    Last updated 11 April 2019    Creative Commons Attribution 4.0 International (CC BY 4.0)


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