A manufactured home is also known as a mobile home. It is a structure that:

• has the character of a dwelling house
• is designed to be moved from one position to another
• is not permanently attached to the land.

Manufactured homes do not include caravans or tents.

Converted caravans

A converted caravan is a structure that was designed as a caravan but is no longer a caravan due to a structural addition or alteration.

A converted caravan is not considered a manufactured home, except when:

• there is a pre-existing site agreement between a converted caravan owner and a residential park owner
• a residential park owner and a converted caravan owner voluntarily enter into a site agreement.

Manufactured home owners

A person is considered a manufactured home owner if:

• the manufactured home is their principal place of residence
• they obtain an interest in a site agreement as a personal representative or beneficiary of an estate
• they allow a tenant to occupy the home temporarily (if permitted under the site agreement).

Residential parks

Manufactured homes are found in various types of residential parks:

• mixed-use – the park may have a mixture of manufactured homes, caravan sites, tents and holiday cabins, offering short and long-term accommodation
• purpose-built – the park is made up of manufactured homes and is often targeted at the over-50s age group
• tourist – the park may have a mixture of permanent caravan tenants and holiday cabins, and has both rented and owner-occupied manufactured homes.

Park owner

A park owner can include the personal representative of the residential park, the beneficiary of the estate of a deceased park owner, or another successor in title.

Manufactured Homes (Residential Parks) Act 2003

Manufactured homes in residential parks are legislated by the Manufactured Homes (Residential Parks) Act 2003.

Action can be taken against residential park owners or managers who breach the Act. This action may include:

• an infringement notice
• entering into an undertaking (written agreement that you will not continue to repeat any act or omission against the Act).

There are also provisions within the Act to initiate enforcement under the Justices Act 1886. However, the proceeding must start within 1 year after the offence is committed or within 6 months after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed.

Manufactured home owners have responsibilities when operating a residential park under the:

• Manufactured Homes (Residential Parks) Act 2003 (the Act)
• Manufactured Homes (Residential Parks) Regulation 2017 (the Regulation).

As a residential park owner, your basic responsibilities are to:

• take reasonable steps to ensure home owners and their tenants have access to their sites and all common areas
• maintain the common areas and communal facilities in a reasonable state of cleanliness and repair so they are fit for use by homeowners and their tenants
• be reasonably available to homeowners and their tenants to address park issues, such as the supply of utilities
• ensure you provide a continuous supply of utilities to the park and all sites, where possible
• comply with the park owner behavioural standards
• comply with the site agreement and park rules
• display on the park notice board either
  • the current park rules
  • information about how a homeowner can get a copy of the current park rules for no cost to the homeowner
• prepare, maintain and implement emergency plans (all residential park owners must have an emergency plan in place)
• prepare and publish a residential park comparison document on a website for the residential park
• prepare and keep a maintenance and capital replacement plan for the residential park unless exempt from these requirements
• comply with your responsibilities during manufactured homes sales transactions.

Fraudulent or misleading conduct

As a park owner, you must not:

• engage in fraudulent or misleading conduct while operating the park or when acting as a homeowner's agent to sell or negotiate the sale of a manufactured home
• engage in harassment or unconscionable conduct while operating the park or acting as a homeowner's agent to sell, or to negotiate the sale of a manufactured home.

Quiet enjoyment

As a park owner or manager, you must:

• take reasonable steps to ensure homeowners have quiet enjoyment of their sites and common areas
• not interfere with the homeowners' reasonable peace, comfort, and privacy.

Emergency plans

All park owners must have an emergency plan in place for each residential park, as of 1 September 2019.

As a park owner, you must keep the following at the park:

• a written copy of the emergency plan
• a written record of each test conducted for emergency procedures detailed in the emergency plan.

You should also keep another copy of the emergency plan off-site.

Access for emergency vehicles

As a park owner, you must ensure that emergency vehicles (e.g. ambulance, fire and police) have ready access to the park at all times, unless the park owner has a reasonable excuse.

You should also keep other relevant information with the emergency plan, including how to notify emergency services if access to the park has changed (e.g. gates are installed, codes to access gates have changed).

Residential park comparison document

As a park owner, you must prepare a residential park comparison document (RPCD) for the residential park.

You can find out more about the requirements you must follow when preparing, changing, and sharing a RPCD.

Maintenance and capital replacement plans

As a park owner, you must prepare and keep a maintenance and capital replacement plan (MCRP) for the residential park unless you meet the criteria for exemption prescribed by regulation.

Your MCRP must:

• include the information prescribed by regulation such as the capital items in the park, planned maintenance of capital items, and park policies for maintaining common areas and facilities
• be revised at least every 2 years from the date it was last revised
• be developed in consultation with homeowners and the homeowners committee for the park (where one exists) except for the first interim plan
• be provided to homeowners and the department within 28 days of the plan being prepared or revised.
• be provided to homeowners on request.

Once you have prepared a MCRP, you must take reasonable steps to implement the plan.

A park is exempt from these requirements where they contain 15 or less manufactured home sites, or where manufactured homes in a mixed-use park make up less than 30% of total sites. If a park that was previously exempt no longer meets this criteria (for example, the number of sites is 16 or more), the park owner has 12 months to prepare a plan.

Parks registered on or after 31 December 2025 have 2 years from their date of registration to prepare a plan. After this period, an ordinary MCRP which meets regulatory requirements must be in place.

Restricting visitors

Park owners must not:

• restrict a visitor who is visiting a homeowner or another resident at the site or in a common area of the park if the visitor is
  • providing, or intending to provide a health or community service to the homeowner or other resident
  • suitably qualified to provide the service
• restrict other visitors from visiting a homeowner or other resident at the site or in a common area, without a reasonable excuse.

Maintenance of trees in common areas

Park owners must ensure that trees in common areas of the park are maintained so they do not pose a danger to any person or property.

Homeowners who believe the park owner has not maintained a tree can apply to the tribunal for an order requiring them to do so, subject to the dispute resolution procedures in the Act.

Mail facilities

The park owner must establish and maintain reasonable and accessible mail facilities for the homeowners.

Separate measurement or metering of utilities

The park owner must:

• pay for the cost of installing measuring devices or meters to measure individual site usage, if you want to separately measure or meter use of a utility at the site
• not charge a homeowner an amount (or arrange for a homeowner to be charged an amount) for the use of a utility that is more than the relevant supply authority would charge to supply the utility to the site (this applies if a utility is separately measured or metered and charged, or if the utility becomes separately measured or metered and charged).

Change of business hours phone number

The park owner must give the homeowners written notice of a change in their business hours contact phone number for the park within 7 days of the change.

Access to a site by park owner

As a park owner, you may only enter a manufactured home site (in accordance with section 94 of the Act) under the following circumstances:

• when a homeowner has consented to the entry
• in an emergency
• to read a utility meter
• to carry out an inspection or maintenance on the site after giving the homeowner 2 days' notice
• to show the site to a prospective buyer after giving the home owner 1 days' notice
• when you reasonably believe the manufactured home has been abandoned
• under an order of the Queensland Civil and Administrative Tribunal (QCAT) for a stated purpose.

You must also have the written consent of the homeowner to enter a site on a Sunday, public holiday, or between the hours of 8pm and 8am to carry out the following:

• read a utility meter
• carry out an inspection
• conduct maintenance on the site
• show the site to a prospective buyer.

Park owner behavioural standards

As a park owner, you must:

• respect the reasonable peace, comfort, and privacy of a homeowner or other resident
• take reasonable steps to ensure a homeowner or other resident (or their guests) do not interfere with the reasonable peace, comfort, and privacy of another homeowner or resident
• use your best endeavours to ensure each homeowner or other resident lives in an environment free from harassment and intimidation
• respect the right of a homeowner or other resident to have autonomy over their personal, domestic, or financial affairs or possessions
• respond to correspondence from a homeowner or other resident (or their representative) within 21 days of receipt of correspondence and provide a complete response to the correspondence.

Enforcing these obligations

Both homeowners and park owners are required to comply with these obligations and behavioural standards. These obligations are currently enforceable through the dispute resolution procedures in the Act.

All park owners must have an emergency plan in place for each residential park (since 1 September 2019).

Writing your emergency plan

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

• a fire at the park
• severe weather event
• chemical spill
• a situation where other safety measures are required at the park.

Write your emergency plan in a way that is easy to understand for all residents – both short stay and long-term. The emergency plan must include:

• emergency procedures
• testing of the emergency procedures, including the frequency of testing
• information, training and instructions for home owners and other park residents about implementing the emergency procedures
• assembly area where home owners and other residents of the park must evacuate to in the event of an emergency.

These are the minimum requirements for emergency procedures. You may also include additional procedures relevant to your residential park.

Consider including a site map in the emergency plan to show the location where home owners and residents will need to assemble during an evacuation.

You need to prepare, maintain and implement an emergency plan, in addition to your existing obligations, to ensure the safety of home owners and other residents in the event of a fire or hazardous materials emergency.

Read more about your obligations under the Work Health and Safety Regulation 2011.

Emergency procedures

You need to provide procedures to follow in an emergency, including:

• ensuring an effective response to an emergency
• evacuating home owners and other park residents
• notifying emergency service organisations at the earliest opportunity
• arranging for medical treatment and assistance
• ensuring effective communication between the person authorised by the park owner to coordinate the emergency response and the home owners, and other park residents.

The Queensland Ambulance Service (QAS), the Queensland Fire Department (QFD) and the Queensland Police Service (QPS) are emergency service organisations for the purposes of the emergency plan.

An effective response to an emergency depends on the type of emergency and may not always require an evacuation. However, the plan must contain procedures for evacuating home owners and other residents.

QFD suggests the emergency plan also include procedures for evacuating home owners and other residents with specific needs (e.g. mobility problems or cognitive issues), who may need assistance to evacuate in the event of an emergency.

The plan should also detail what assistance needs to be provided to emergency service organisations during an evacuation or emergency.

Emergency access

You need to ensure that emergency vehicles have access to the park in an emergency, unless you have a reasonable excuse. Include information about how emergency service organisations can access the park if there is an emergency.

Keep other relevant information with the plan, including how to notify local emergency service organisations if access to the park changes or is updated (e.g. gates are installed and/or codes to access gates are changed or applied).

Information, training and instruction

The emergency plan must provide information, training and instruction to the home owners and other park residents about implementing the emergency procedures.

Displaying the emergency plan

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

Maintaining and implementing your emergency plan

Once the emergency plan is established, you must maintain the emergency plan for the residential park so that the plan remains effective. In an emergency you must implement your emergency plan.

Encourage home owners and other residents to be aware of their own requirements and plan for an emergency. For example, they could prepare an emergency kit, home evacuation plan, and plan how to take care of family pets.

Keeping copies and records

You must keep at the park:

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

If possible, keep a copy of the emergency plan at the residential park and keep another copy off-site.

Offences for non-compliance with emergency plan requirements

It is an offence if you do not have an emergency plan that meets these requirements.

These changes are in addition to the existing obligations on park owners to ensure the safety of home owners and other residents in the event of a fire or hazardous materials emergency.

Read more about fire safety management plans, including guidelines and examples (under Building Fire Safety), to help you meet your obligations under the Fire and Emergency Services Act 1990.

Committees

A residential park can have 1 home owners' committee. The committee is formed by an election organised by home owners of the park.

If the home owners' committee at your park sends you a complaint or proposal, you must respond in writing to the committee within 21 days of receiving the written notice.

Find out more about home owners' committees in residential parks.

Rent

As the residential park owner, you set the rent for each park site and must ensure rent details are clearly stated in the site agreement.

To increase or decrease rents, you must follow the process below as outlined in the Manufactured Homes (Residential Parks) Act 2003.

Rent payments

Rent can be paid by one of the following approved methods, at a place that must be stated in the site agreement.

• cash
• cheque
• deposit to a financial institution account nominated by you
• credit card
• EFTPOS
• deduction from pay, pension or other benefit
• another method agreed on between the parties.

Rent receipts

If a home owner pays by cash you must give them a rent receipt. You must also provide a rent receipt if the home owner requests one when paying by cheque.

If an electronic payment is made, you must give a site rent record within 7 days of a home owner's request.

Site rent increases covered by site agreement

As the park owner, you can propose a general increase in site rent that uses the methods specified in the site agreement.

A site agreement may allow for a site rent increase using multiple bases, but only one basis may be used at a time.

All general site rent increases for a particular basis must occur on the general increase day, which is a day nominated by you for that basis. A general site rent increase for a site can't occur more than once a year.

You must notify residents of any proposed general increase in site rent. You must provide this notice to the home owner at least 35 days before the nominated general increase day.

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, you may increase site rents in a residential park to cover special costs using methods not contained in the site agreement.

There are 3 types of special cost:

• 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.

You must notify residents of any proposed increase in site rent to cover special costs. You must provide this notice to home owners at least 2 months before the proposed date of the rent increase.

If a home owner disagrees with a site rent increase to cover a special cost or doesn't respond to the notice, you can assume that they dispute the site rent increase. You can then begin dispute resolution procedures.

Decreasing site rent

The home owner can apply to QCAT seeking a reduction in their rent when:

• the quality of your residential park's common areas and shared (communal) facilities have decreased substantially
• you remove a shared (communal) facility or service that you provided when the site agreement started
• a shared (communal) facility or service as described in advertising, or in another document made available to the home owner before they entered the site agreement, has not been provided in the residential park.

You may reduce a home owner's rent if:

• a utility charge included in the rent becomes separately measured or metered and the home owner has to pay separately for the use of the utility
• a utility stops being available to the home owner through no fault of their own.

Utilities

In most cases, utilities in residential parks are not included in the site rent. These are generally paid for separately by the home owner to the park owner.

You cannot charge more for the supply of a utility to residents than the actual cost charged to you by your supply authority.

In the case of electricity supply, only the actual cost of the electricity can be passed on to the home owner and no extra fees or charges can be added to their electricity bill. Park owners who charge in excess of the cost of a home owner's supplied electricity may be in breach of the Manufactured Homes (Residential Parks) Act 2003 and penalties may apply.

You can include a component cost in the site rent to cover the cost of providing electricity and maintaining the electricity network or other infrastructure charges. This should be explained in the site agreement.

The residential park owner sets the rules about the use, enjoyment, control and management of the park. Park rules might include:

• use and operation of communal facilities
• noise levels
• sport and other recreational facilities
• speed limits for motor vehicles
• parking of motor vehicles
• disposal of garbage
• keeping of pets (can depend on local government laws)
• any other things you are regulated to set.

Changing park rules

If you would like to change the park rules, you must follow this process:

1. Set a date (objection closing day) for home owners to object to the proposed park rules.
2. Give each home owner notice of the proposal at least 28 days before the objection closing date. The notice should state the objection closing date, and how to lodge objections. Home owners can object in writing and should explain why they believe the proposal is unreasonable.
3. If 5 or more home owners object (the objectors), or the park has fewer than 10 residential sites and the majority of them object before the objection closing day, you and the objectors must set up a park liaison committee to consider the objections. The park liaison committee must be made up of:
1. a person chosen by the objectors (which may be an objector)
2. you or your nominee
3. someone else agreed to by the above representatives.

The park liaison committee

1. The park liaison committee must consider all objections and decide whether the proposal is reasonable or unreasonable.
2. If the committee decides the proposal is unreasonable, it must change the proposal in a way they consider appropriate to make it reasonable.
3. If the committee proposes to make a decision that would be contrary to an objection from a home owner regarding a change in park rules, the committee must invite objectors to a park liaison committee meeting and advise them of the proposed decision.
4. The committee must then give notice of its decision to each home owner and the park owner. If the committee cannot agree or objectors are dissatisfied with the outcome, they can apply to the registrar of the Queensland Civil and Administrative Tribunal (QCAT) to refer the dispute for mediation.
5. If there are no objections, or the number is not enough to require a park liaison committee, the proposal takes effect:
   1. at the end of the objection closing day
      or
   2. on a later day stated in the proposal.

A site agreement is an agreement between a residential park owner and a home owner that allows a home owner to rent a particular site (land) in a residential park to position their manufactured home.

The agreement also gives the home owner non-exclusive use of the park's common areas and communal facilities.

Site agreement requirements

As the park owner, you must provide a site agreement to prospective buyers. The site agreement should include:

• names and contact details for both you and the home owner
• your Australian Business Number or Australian Company Number
• the residential park name and address, location of the site (land) within the park where the manufactured home will be located and its size
• the number of people allowed to live in the manufactured home at the site
• the start date for the site agreement
• details about site rent including how often it will be paid, how to pay, how many people are covered by the rent, and how and when rent may increase
• costs for utilities and services, i.e. electricity, gas, water, phone, mowing/gardening and other services that are specific to the park
• whether pets are allowed and conditions around keeping pets on site
• standard terms and any special terms of the agreement
• responsibilities for both you and the home owners
• park rules for the residential park
• terms of any Queensland Civil and Administrative Tribunal (QCAT) order that may be in force about the agreement.

The site agreement must:

• be written clearly, ensuring all details are correct
• clearly identify the site where the manufactured home is or will be positioned
• state each party's name, address, phone number and email address
• state the site rent and other charges payable under the agreement, and when and how the home owner will pay them
• state how and when you, as the park owner, can vary the site rent
• state the maximum number of people who can live on the site
• be signed by all parties.

Special terms in the site agreement

The site agreement might also include special terms which have been agreed to by both you and the home owner, such as who is responsible for maintaining the site land, fencing or trees.

While the agreement is in force, the parties can vary the special terms if both parties agree to the change in writing, and sign. If not written and signed, the variations are void and do not become part of the agreement.

Either party to a site agreement may make an application to QCAT for an order about a proposed change.

Particular types of special terms are prohibited in site agreements. These terms can be found in the Manufactured Homes (Residential Parks) Regulation 2017.

It is an offence for a park owner to include a prohibited special term in a site agreement.

Terminating a site agreement

A site agreement can be terminated only by:

• mutual agreement
• the home owner
• QCAT on application by the park owner.

Terminating a site agreement by mutual agreement

Mutual agreement is where both the home owner and the park owner (or manager) agree to terminate the site agreement.

A Termination notice – by mutual agreement (Manufactured Homes Form 4) (PDF, 185KB) must be completed by both parties.

It is illegal for a park owner to intimidate or attempt to intimidate a home owner into terminating a site agreement.

If you and the home owner mutually agree to terminate the site agreement, the home owner must give you vacant possession of the site. You are not required to pay moving costs.

A park owner is not allowed to enter into a mutual termination agreement before or on the same day as they enter into a site agreement with a manufactured home owner.

Termination by the home owner/buyer

Termination during the cooling-off period

If the buyer has received the full disclosure period, they have a cooling-off period of 7 days to give the relevant termination form to the park owner.

If the park owner has not met the disclosure requirements or the buyer has waived the full disclosure period, the buyer has a cooling-off period 28 days to give the relevant termination form to the park owner.

Prospective home owners entering a new site agreement with a park owner

If the home owner/seller and prospective home owner/buyer have entered into a new site agreement, the buyer may terminate the agreement within the cooling-off period by giving the seller and park owner the signed Form 3A – Termination for site agreement – by home owner in cooling-off period (PDF, 106KB).

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

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

Prospective home owners assigning their existing site agreement to another buyer

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

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

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.

Termination after the cooling-off period

The home owner must give notice to the park owner by completing a Termination notice – by home owner (Manufactured Homes Form 5) (PDF, 155KB).

Termination by the park owner

You can apply to QCAT to terminate a site agreement on the grounds that:

• the home owner broke a term of the site agreement and did not fix the problem within 28 days of being given a Notice to remedy breach (Manufactured Homes Form 6) (PDF, 154KB)
• the home owner assaulted a person in the residential park
• the home owner wilfully destroyed the property of others in the park
• the home owner is using the site other than as a place of residence
• the home owner, or their tenant or guest, repeatedly interferes with the quiet enjoyment of the park and does not comply with a Notice to remedy breach (Manufactured Homes Form 6)
• you wish to use all or part of the park land for another purpose. In this case, you must give QCAT a document certified by the local government authority that the park land can be used for the stated purpose. You will be required to pay the home owner compensation.

As a site agreement is a contractual agreement, it is recommended that the parties seek legal advice before ending the agreement.

When the park owner has to pay compensation

If you request to terminate a site agreement because you wish to use the residential park land for another purpose, you may apply to QCAT for a termination order.

In making a termination order, QCAT will order you to pay the home owner compensation and will take into account the estimated costs of removing the home from the site, including the costs of:

• dismantling the home
• moving the home owner's personal belongings to their new home
• anything else QCAT considers relevant.

When deciding the termination order, QCAT may postpone the termination date for up to 1 year after the day of the termination order.

With the home owner's consent, QCAT may also order you to make a comparable site within the park available to the home owner for the positioning of their manufactured home, if a comparable site is available.

When a manufactured home owner in a residential park decides to sell their home, as the park owner you have responsibilities to both the seller and prospective buyer under the Manufactured Homes (Residential Parks) Act 2003 (the Act).

Your responsibilities to the buyer

As the park owner, before entering into a site agreement for a manufactured home with a prospective buyer you must supply the following pre-contractual disclosure documents:

• the residential park comparison document for the residential park (Form 16)
• the home owners information document (Form 18)
• a copy of the proposed site agreement (Form 2).

You must provide these documents at least 21 days before entering into the site agreement. This period may be reduced to 7 days by completing a precontractual disclosure waiver (Form 1C).

If you are not the seller of the manufactured home:

• the seller must notify you if they enter a sale agreement and give you the buyer’s name and contact details
• you have 7 days after receiving this to give the prospective buyer the pre-contractual disclosure documents.

You must ensure the pre-contractual disclosure documents are in the approved form and include current information required by the:

• Manufactured Homes (Residential Parks) Act 2003
• Manufactured Homes (Residential Parks) Regulation 2017.

A sale agreement for a manufactured home must not be completed unless:

• you have provided the prospective buyer with the required disclosure documents
• you and the buyer have entered into a site agreement for the manufactured home.

The new site agreement with the prospective buyer must include the same terms for utilities, communal facilities, services, and other amenities included in the site rent as included in the existing seller’s site agreement.

However, you and the buyer can mutually agree to change these terms.

To do this, you must sign a notice clearly explaining the changes and the new terms of the site agreement. You cannot make entering the site agreement conditional on the buyer agreeing to change the terms in the site agreement.

Your responsibilities to the seller

When a home owner proposes to sell a manufactured home, they must notify you by providing a notice of intention to sell the manufactured home.

Once you receive this notice, you must respond to home owner within 7 days and advise:

• whether you offer services to help sell a manufactured home in the residential park (seller services)
• the amount of site rent a new home owner will need to pay under the site agreement for the site where the manufactured home is located.

If a home owner decides to sell their manufactured home, you must not:

• restrict the home owner from placing a suitable 'for sale' sign on the site if it's allowed under the site agreement
• hinder the sale (for example, by stopping potential buyers from inspecting the home)
• restrict the home owner's right to get independent legal advice
• charge the home owner a fee for providing pre-contractual disclosure documents to the prospective buyer which exceeds either $0.70 per page or a total cost of $100
• unreasonably refuse to enter into a site agreement with a prospective home owner.

Being appointed to sell by the home owner

A home owner may ask (appoint) you to act as their agent to sell or negotiate the sale of their manufactured home.

To do this they must sign a Selling authority (Manufactured Homes Form 9) (PDF, 146KB).

Under this authority, as the selling agent you must not charge a fee that is more than the amount set by regulation. If the sale price is:

• more than $18,000: you may charge a maximum fee of $900 plus 2.5% of the sale price amount above $18,000
• $18,000 or less: you may charge a fee of up to 5% of the sale price.

You cannot charge a fee for the agency if you were not the effective cause of the sale.

The Act does not allow a park owner to engage in fraudulent, misleading, harassing or unconscionable conduct when either:

• acting as a home owner's selling agent to sell
• to negotiate the sale of, a manufactured home.

Approved sale agreement form for manufactured homes

When selling a manufactured home or if appointed to sell a manufactured home you must ensure the sale agreement is in the approved sale agreement form (PDF, 329KB).

The approved sales agreement form:

• highlights key information to buyers
• improves standardisation
• assists sellers to meet the regulatory requirements for sales contracts.

It is not a complete contract and is designed to be used with additional terms added by the parties or with existing industry sales contracts.

Buyback and site rent reduction scheme for unsold manufactured homes

A home owner experiencing difficulty selling their manufactured home may qualify for the buyback and site rent reduction scheme.

This scheme was established by the Manufactured Homes (Residential Parks) Amendment Act 2024 and commenced on 7 June 2024.

Under the scheme, you may be required to:

• buy an eligible home from an eligible home owner under a buyback agreement
• reduce the site rent the home owner pays under their site agreement.

A manufactured home is considered an eligible home if:

1. the manufactured home is positioned on a site in a residential park
2. the manufactured home was not brought onto the site, or another site in the residential park, by the home owner of the manufactured home or a former home owner of the manufactured home.

How a home owner can join the scheme

A home owner can ‘opt in’ to the buyback and rent reduction scheme if the home:

• has been on the market for 6 months and hasn’t sold
• is vacant

and either of the following applies:

• you indicated you offer selling services after receiving a notice of intent to sell, and have been appointed to sell the manufactured home
• you indicated you do not offer selling services after receiving a notice of intent to sell.

If you indicated you do not offer selling services after receiving a notice of intent to sell and the home owner joins the scheme, you may send them a notice requiring them to appoint you to sell the manufactured home.

Where this occurs, you must be appointed within 7 days to sell the home.

Agreeing on a resale value

Once the home owner joins the scheme, you must both agree on a resale value for the home within 14 days.

If you cannot agree on the resale value, you must work together to appoint a valuer to determine the resale value.

If the home doesn’t sell

If the home doesn’t sell, you and the home owner must reconsider and agree on a new resale value, or appoint a valuer to re-estimate a new resale value at these times:

• 6 months after the home owner opts into the scheme
• 9 months after the home owner opts into the scheme.

If you and the home owner can’t agree on a registered valuer, you must notify the chief executive of the Department of Housing and Public Works. The chief executive will nominate a valuer within 14 days of receiving the application.

If the home still doesn’t sell, under the scheme the following actions must occur:

• 6 months after the home owner joins the scheme: you must reduce their site rent by 25%
• 12 months after the home owner joins the scheme: you must buy back the home at the agreed resale price.

You may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an extension to buy back the home, including a:

• once-off 6-month extension: if you have made all reasonable attempts to sell the home and the extension would not be unfair to the home owner
• repeatable extension: if buying back the home would cause you undue hardship and the extension would not be unfair to the home owner.

If, as the residential park owner, you believe a home owner has abandoned their manufactured home, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) to make an abandonment order.

Abandonment orders

An abandonment order declares that the home owner has abandoned the home and specifies the day the home was considered abandoned.

If QCAT makes an abandonment order, the owner is then considered to have abandoned their home and their site agreement is terminated.

In deciding whether to make the abandonment order, QCAT may consider if:

• any site rent payable under the agreement is unpaid
• the home is unoccupied and neglected
• the agreement has already been terminated
• the home owner's mail is being collected
• reports from the home owner's neighbours or other people about the owner's whereabouts or absence
• utilities supplied to or used at the home have been disconnected
• the home owner's personal effects have been removed from the home.

As well as an abandonment order, QCAT can also:

• authorise you to sell the home and any of the home owner's personal effects that remain in the home or on the site
• order the home owner to pay you any amount of rent owing up to the day their agreement is terminated.

Park owner obligations

You must not sell the home or the home owner's personal effects:

• unless QCAT authorises the sale
• to a prohibited person (park owner, employee or relative of the park owner), unless QCAT authorises the sale.

If QCAT grants the order, you do not incur any liability for selling the home, or selling or removing personal belongings from the home or site, if you act honestly and without negligence.

Anyone who buys the home or belongings gets a clear title to them. This means that anyone else's interest in these items ends unless the buyer does not act honestly in the purchase.

Distributing sale proceeds

You must distribute the proceeds from the sale of an abandoned manufactured home in this order:

1. Pay the reasonable costs of selling the home, or removing, storing and selling the personal effects.
2. Pay any amount under a security interest registered for the home or personal effects.
3. Pay any relevant termination payment owed to the home owner.
4. Pay the balance to the home owner or, if the home owner's whereabouts is unknown, to the public trustee within 10 days of the sale.

If you appoint a public trustee to receive the balance, you must pay this amount into the unclaimed money fund kept under the Public Trustee Act 1978.

Recovering losses

Once the public trustee pays the amount to the fund, you may apply to QCAT to receive payment for loss of rent money that you would have received between the agreement termination date and the date you sold the home, or sold/removed belongings from the park, from the money paid into the fund.

When considering the application, QCAT would look at whether you:

• acted as soon as reasonably practicable to sell the home or belongings
• took all reasonable steps to reduce your loss of site rent that would have been paid if the agreement were still in force.

Changing park owners

A new park owner must formally advise the Department of Housing and Public Works within 28 days of a change in information previously provided to the department.

A park owner must complete a Form 10 Information for record of residential parks (PDF, 671KB) and give the department information about their residential park, to:

• provide information about a new or existing residential park
• or
• update information previously provided about the residential park.

If you decide to give up ownership of your residential park, your successor will get the same benefits and be subject to the same obligations that you had under the existing site agreements.

A new park owner must formally advise all home owners within 14 days of:

• the new owner's name and business address
• where to make future rent payments.

Changing park managers

If you have appointed a new park manager, you must formally advise each home owner of the manager's appointment, and the manager's name and business address.

You must also give notice to each home owner if you terminate a park manager's employment.

You must also advise the Department of Housing and Public Works within 28 days following the change and provide contact details for the new park manager.

Penalties for failing to advise

Failing to formally advise the Department of Housing and Public Works within 28 days of a change in information previously provided to the department, is an offence under the Manufactured Homes (Residential Parks) Act 2003. Penalties apply.

If you have a problem with a manufactured home owner in the park, you can take steps to resolve the dispute.

There is more than one way to resolve a dispute and different options may suit your situation better.

Miscommunications and misunderstandings are often the cause of disputes so it's important to try to talk to the person involved first.

This information will take you through the steps involved in resolving the dispute yourself or with outside help, including getting legal advice.

Respect for park operators and residents

At all times, residents must respect the:

• peace, comfort and privacy of fellow residents
• right of the park operator, their employees and their representatives to work in an environment free from harassment and intimidation
• right of staff and contractors in the park to work in a safe workplace.

Additionally, residential park owners must:

• respect the peace, comfort and privacy of a home owner and other residents
• respect the right for each home owner or other resident to live in an environment free from harassment and intimidation
• respect the rights of a home owner or other resident to have autonomy over their personal, financial and domestic matters, as well as their possessions
• respond to correspondence from the home owner or other resident, or a representative of a home owner or other resident within 21 days.

Try to resolve it together first

It's important to discuss any concerns with the person involved first. We suggest you follow these steps when trying to resolve the dispute yourself.

1. Write to the manufactured home owner about your dispute and suggest a date for a meeting. You should give at least 14 days' notice before the meeting.
2. Allow 7 days for a response from the manufactured home owner.
3. Confirm or negotiate a meeting time that both parties can attend.
4. Voice your concerns clearly and try to resolve the issue in the meeting.

Try mediation

Mediation is less formal than a hearing and allows everyone to come up with a solution to agree on.

The mediator makes sure everyone gets to speak but doesn't provide advice or pass judgement.

Anything discussed during mediation is private and can't be shared with anyone or used in court.

Find a mediator

If you've tried to resolve the issue with the other person and can't agree, you can access a free mediation service through the dispute resolution centres to help find a solution:

• apply for free mediation
• find your closest dispute resolution centre.

The Queensland Civil and Administrative Tribunal (QCAT) also offers mediation. There is a fee for this service.

• Apply for mediation through QCAT.

Get legal advice and information

You can also contact the Queensland Law Society to seek a legal practitioner who has experience in residential park law.

Tribunal hearing

If you haven't been able to resolve your dispute, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a hearing.

QCAT is an independent decision-making body that can resolve several issues.

QCAT may refer the parties to mediation if you don't do this first. QCAT will resolve the matter if you both can't agree.

More information

• Contact the Queensland Law Society
• Email regulatoryservices@housing.qld.gov.au

Park owners must use these forms to comply with the Manufactured Homes (Residential Parks) Act 2003 and its associated Regulation.

General forms

Form 6 – Notice to remedy breach (PDF, 151KB)
Park owners or managers and homeowners can use this form if they believe the other party on their site agreement has broken one or more of its terms.

Form 10 – Application for registration as a residential park (PDF, 671KB)
Use this form to apply for registration as a residential park.

Form 11 – Dispute negotiation notice (PDF, 189KB)
Homeowners and park managers can use this form to start the dispute negotiation process with another party in a residential park.

Form 12 – General increase notice (PDF, 165KB)
Use this notice to propose a general increase in site rent in accordance with the Manufactured Homes (Residential Parks) Act 2003.

Form 13 – Increase in site rent to cover special costs notice (PDF, 184KB)
Use this notice to propose a site rent increase that is necessary to cover a special cost in accordance with part 11, division 3 of the Manufactured Homes (Residential Parks) Act 2003.

Form 14 – Utility cost notice (PDF, 170KB)
Use this notice to advise of a change in site rent due to a change in circumstances relating to utility costs.

Application for review of decision (PDF, 208KB) – Fair Trading Inspectors Act 2014 (section 74).

Sale and transfer forms

Form 1C – Precontractual disclosure waiver (PDF, 141KB)
Homeowners can use this document to notify park owners of their wish to reduce the precontractual disclosure periods from the default notice period.

Form 2 – Site agreement (PDF, 363KB)
Homeowners and park managers can use this form to make a site agreement.

Form 8 – Form of assignment (PDF, 141KB)
Homeowners can use this form to assign their interest in a site agreement to a family member.

Form 9 – Selling authority (PDF, 115KB)
Homeowners can use this form to appoint the park owner or manager to sell their home in a residential park.

Form 15 – Notice of intention to sell eligible home (PDF, 274KB)
Homeowners can use this form to notify the park owner that they are intending to sell their manufactured home and propose to join the buyback and rent reduction scheme.

Form 16 – Park comparison document (PDF, 857KB)
Homeowners can use this form to compare residential parks.

Form 18 – Home owners information document (PDF, 438KB)
Prospective homeowners can use this document to help decide whether residential park living is the right choice for them.

Form 19 – Approved form sale agreement (PDF, 329KB)
When selling a manufactured home, the sale agreement with a prospective buyer must be in the approved form. The approved sale agreement form is not a complete contract and is designed to be used with additional terms added by the parties. The parties to the sale will need to include additional terms relevant to the sale at Part 5 of the form.

Termination notices

Form 3A – Termination for site agreement by homeowner in cooling-off period (PDF, 120KB)
Homeowners can use this form to terminate a site agreement during the cooling-off period.

Form 3B – Termination notice of assignment agreement in cooling-off period (PDF, 116KB)
Homeowners can use this form to terminate an assignment agreement during the cooling-off period.

Form 4 – Termination notice - by mutual agreement (PDF, 291KB)
Use this form when there is mutual agreement to end the site agreement.

Form 5 – Termination notice - by home owner (PDF, 175KB)
Homeowners and park owners can use this form to cancel their site agreement.

Templates

Maintenance and capital replacement plan (MCRP) (DOCX, 70KB)
A template for preparing a maintenance and capital replacement plan, including examples and guidance notes.

Interim MCRP notice (DOCX, 46KB)
A template for the notice a park owner must give to homeowners when an interim MCRP has been prepared.

Ordinary MCRP notice (DOCX, 47KB)
A template for the notice a park owner must give to homeowners when an ordinary MCRP has been prepared.

MCRP noticeboard template (DOCX, 49KB)
A template for the notice a park owner must post on a notice board for the residential park when a MCRP has been prepared.