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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.

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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 committee

    • 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).

    What is changing?

    From 1 September 2019 there will be changes to the Manufactured Homes (Residential Parks) Act 2003 and its associated Regulation. The changes will improve the disclosure and cooling-off processes before entering into a site agreement, and require park owners to prepare, maintain and implement an emergency plan.

    Park owners should now start creating emergency plans to be in place on 1 September 2019.

    Precontractual disclosure and cooling-off periods

    See changes for prospective home owners entering a site agreement with a park owner (new agreement):

    Precontractual disclosure for assigning site agreements

    A home owner may assign their interest in a site agreement to a prospective home owner/buyer of the manufactured home only with the prospective home owner/buyer’s written agreement.

    They must also give the park owner a completed Form 7 – Notice of proposed assignment (PDF, 139KB).

    Within 7 days of receiving the form, the park owner must give the prospective home owner (buyer):

    They must provide these even if they refuse, or intend to refuse, to consent to the proposed assignment.

    The park owner must not consent to the assignment unless they have given the prospective home owner/buyer the disclosure documents for the site either at least:

    • 21 days before giving the consent
    • 7 days before giving the consent, if the prospective home owner/buyer waives the right to receive the disclosure documents.

    Waiver of disclosure period

    The prospective home owner/buyer may waive their right to receive the:

    They must give the park owner a completed Form 1C – Precontractual disclosure waiver (PDF, 135KB) signed by an independent, qualified lawyer with a current Queensland practising certificate.

    If the park owner receives this notification, they must give the prospective home owner the following at least 7 days before consenting to the assignment:

    Automatic refusal of assignment

    If the park owner does not, or refuses to, consent to the assignment within 28 days after receiving a completed Form 8 – Form of assignment (PDF, 224KB) signed by the home owner and prospective home owner/buyer, the park owner is considered to have refused to consent to the assignment.

    Automatic ending of agreement to sell

    When the prospective home owner/buyer terminates the assignment of a site agreement during the cooling-off period, the agreement for the sale of the manufactured home also terminates on the same day. Ownership of the manufactured home reverts to the seller.

    Dispute resolution

    If a home owner is dissatisfied with a park owner’s refusal to consent to the assignment of a site agreement, they can attempt to resolve the dispute with the park owner. To do this, they must use the dispute resolution procedure in the Act. If they can’t resolve the dispute this way, they may apply to the Queensland Civil and Administrative Tribunal (QCAT) to request an order that the park owner consent to the assignment.

    Cooling-off period

    If the home owner/seller and prospective home owner/buyer have entered into an assignment agreement and the park owner has consented to the assignment, the buyer may terminate the agreement within the cooling-off period by giving the home owner and park owner a signed Form 3B – Termination notice of assignment agreement in cooling-off period (PDF, 159KB).

    The form must state the day that the termination will take effect, which must be within 28 days after giving notice.

    They may terminate the assignment agreement under subsection (2), even though:

    • they haveentered into the agreement
    • both the agreement and the have been fully executed.

    If the prospective home owner/buyer terminates the assignment agreement during the cooling-off period, the form of assignment of the home ownerinterest is considered revoked. They are not required to pay the home owner any amount otherwise payable under the agreement.

    The home owner must refund any amount they have received from the buyer under the agreement within 14 days after the termination day.

    See changes for home owners assigning their site agreement to a prospective home owner/buyer (existing agreement).​

    New precontractual disclosure obligations

    At least 21 days before entering into the site agreement, the park owner must give the prospective home owner the initial disclosure documents, including:

    • a document stating:
      • the amount of site rent payable
      • the amount of site rent that has been payable for the site in the last 3 years, including any increase and the date the increase took effect
      • the next general increase day for site rent
      • other information (if any) prescribed by regulation that is relevant for a prospective home owner entering into a site agreement or a seller assigning the seller’s interest in a site agreement to a buyer
    • a copy of the park rules for the residential park
    • a copy of any proposal for a change in the park rules not yet approved.

    Park owners must use the new Form 1A – Initial disclosure document (PDF, 113KB) as a template.

    At least 14 days before entering into the site agreement, the park owner must give the prospective home owner:

    Park owners must use the new Form 2 – Site agreement (PDF, 283KB) as a template.

    Waiver of disclosure period

    The prospective home owner may waive their right to receive the full:

    They must notify the park owner by completing a Form 1C – Precontractual disclosure waiver (PDF, 135KB) signed by an independent, qualified lawyer with a current Queensland practising certificate.

    If the park owner receives this notification, they must give the prospective home owner the following at least 7 days before entering into the site agreement:

    Cooling-off period

    • After the disclosure period, if the park owner and a prospective home owner enter into a site agreement, the prospective home owner may terminate the site agreement within the cooling-off period by giving the park owner a signed Form 3A – Termination for site agreement by home owner in cooling-off period (PDF, 106KB).
    • If the prospective home owner has received the full disclosure period, they have 7 days to give the form to the park owner.
    • If the park owner has not met the disclosure requirements or the prospective home owner has waived the full disclosure period, the home owner has 28 days to give the form to the park owner.

    ​​Emergency plans

    An emergency plan helps to ensure the safety of all park residents in an emergency.

    Creating an emergency plan

    A park owner must create an emergency plan for each park that provides:

    • emergency procedures
    • the testing, and frequency of testing, of emergency procedures
    • information, training and instruction to home owners and other park residents about implementing the emergency procedures
    • where home owners and other park residents must evacuate to in an emergency.

    Read about how to create an emergency plan by 1 September 2019.

    Emergency procedures

    The emergency procedures include:

    • ensuring an effective response to an emergency
    • evacuating home owners and other park residents
    • notifying emergency service organisations as quickly as possible
    • arranging for medical treatment and assistance
    • effective communication between the person coordinating the emergency response and the home owners and other park residents.

    Displaying emergency plan

    The park owner must make all reasonable attempts to display the emergency plan on a notice board in a prominent position in the park’s common areas until the park no longer offers sites for manufactured homes.

    Keeping copies and records

    The park owner must keep these at the park:

    • a written copy of the park’s emergency plan
    • a written record of each test of an emergency procedure as detailed in the emergency plan.

    Maintaining and implementing emergency plans

    The park owner must maintain the emergency plan and implement the plan in emergency.

    Offences for non-compliance

    From 1 September 2019, it will be an offence if the park owner has not:

    • ensured that an emergency plan is prepared for the park
    • addressed the required emergency procedures in the emergency plan
    • provided for the testing of the emergency procedures, including the frequency of testing, in the emergency plan
    • provided for information, training and instruction to the home owners and other residents of the park about implementing the emergency procedures
    • maintained the emergency plan in accordance with the Act
    • implemented the plan in the case of an emergency
    • kept a written copy of the emergency plan at the park
    • kept a written record of each test of an emergency procedure for which the emergency plan provides.

    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 25 June 2019    Creative Commons Attribution 4.0 International (CC BY 4.0)


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