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Skip Navigation LinksDepartment of Housing and Public Works > Housing > Industry regulation > Manufactured homes > Manufactured Homes (Residential Parks) Regulation 2017

 Manufactured Homes (Residential Parks) Regulation 2017

The new Manufactured Homes (Residential Parks) Regulation 2017 came into force on 1 September 2017. The new Regulation continues to prescribe the maximum fee a park owner may charge for acting as a home owner’s agent in the course of selling a manufactured home.

The Regulation now also lists the prohibited special terms in site agreements, to exclude special terms that are inconsistent with the objects of the Act and are unfair. This part of the Regulation comes into effect on 1 October 2017.

Prohibited special terms

  • Section 25B of the Manufactured Homes (Residential Parks) Act 2003 provides that a park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under the Regulation. There is a penalty of 100 penalty units for breaching this requirement.
  • A park owner must not attempt to enforce a prohibited special term. There is a penalty of 100 penalty units for breaching this requirement.
  • A term of a site agreement is void to the extent it contains a prohibited special term.
  • Section 25B also provides that a home owner can apply to the tribunal to consider whether part or all of a stated term of a site agreement is void under the Regulation. In such a case, the tribunal may declare that a stated term of the site agreement is either: void; is not void; is void to a stated extent; or the tribunal may make an order varying a stated term of the site agreement.

Maximum fee under a selling authority

  • Under section 60 of the Act, a home owner may, by signed notice (a selling authority), in the approved form, appoint the park owner as the home owner’s agent to sell, or to negotiate the sale of, their manufactured home.
  • Section 61 of the Act provides that a park owner must not, under a selling authority, charge a home owner a fee for the agency that is more than the amount prescribed in the Regulation. There is a maximum penalty of 100 penalty units for breaching this requirement.


Last updated 08 September 2017    Creative Commons Attribution 4.0 International (CC BY 4.0)


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