{"id":"qld:sl-2017-0181","name":"Manufactured Homes (Residential Parks) Regulation 2017","slug":"manufactured-homes-residential-parks-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"181 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174944,"registerId":"qld-qld:sl-2017-0181-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Manufactured Homes (Residential Parks) Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation, other than section 3 , commences on 1 September 2017.\nSection 3 commences on 1 October 2017.\n(sec.2-ssec.1) This regulation, other than section 3 , commences on 1 September 2017.\n(sec.2-ssec.2) Section 3 commences on 1 October 2017.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Residential parks","content":"# Residential parks","sortOrder":3},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Information required for application for registration of residential park— Act , s 18A","content":"### sec.2A Information required for application for registration of residential park— Act , s 18A\n\nFor section 18A (3) (j) of the Act , the following information is prescribed—\na copy of any development approvals for the planning and construction of the residential park—\nrequired under the Planning Act 2016 ; and\nobtained by the park owner;\nwhether the residential park will contain types of accommodation in addition to owner-occupied manufactured homes;\ncaravans, holiday rentals, residential premises (including manufactured homes) under residential tenancy agreements\ndetails of any other residential parks owned by the park owner;\na copy of any instrument used, or to be used, by the park owner as a template for—\na site agreement; or\nan agreement for the sale of a manufactured home in the residential park to a prospective home owner;\nan estimate of the proposed site rent, or the proposed range of site rent, payable by a home owner in the first year of operation of the residential park.\ns 2A ins 2024 SL No. 238 s 4\n- (a) a copy of any development approvals for the planning and construction of the residential park— (i) required under the Planning Act 2016 ; and (ii) obtained by the park owner;\n- (i) required under the Planning Act 2016 ; and\n- (ii) obtained by the park owner;\n- (b) whether the residential park will contain types of accommodation in addition to owner-occupied manufactured homes; Examples of additional types of accommodation— caravans, holiday rentals, residential premises (including manufactured homes) under residential tenancy agreements\n- (c) details of any other residential parks owned by the park owner;\n- (d) a copy of any instrument used, or to be used, by the park owner as a template for— (i) a site agreement; or (ii) an agreement for the sale of a manufactured home in the residential park to a prospective home owner;\n- (i) a site agreement; or\n- (ii) an agreement for the sale of a manufactured home in the residential park to a prospective home owner;\n- (e) an estimate of the proposed site rent, or the proposed range of site rent, payable by a home owner in the first year of operation of the residential park.\n- (i) required under the Planning Act 2016 ; and\n- (ii) obtained by the park owner;\n- (i) a site agreement; or\n- (ii) an agreement for the sale of a manufactured home in the residential park to a prospective home owner;","sortOrder":4},{"sectionNumber":"sec.2B","sectionType":"section","heading":"Information to be included in residential park register for residential park— Act , s 18C","content":"### sec.2B Information to be included in residential park register for residential park— Act , s 18C\n\nFor section 18C (2) (l) of the Act , the following information is prescribed—\nthe information prescribed under section 2A that was included in, or accompanied, the application to register the residential park;\nthe comparison document, or information included in the comparison document, for the residential park;\nwhether the residential park has started operating;\nif the residential park has started operating—the date the park started operating.\ns 2B ins 2024 SL No. 238 s 4\n- (a) the information prescribed under section 2A that was included in, or accompanied, the application to register the residential park;\n- (b) the comparison document, or information included in the comparison document, for the residential park;\n- (c) whether the residential park has started operating;\n- (d) if the residential park has started operating—the date the park started operating.","sortOrder":5},{"sectionNumber":"sec.2C","sectionType":"section","heading":"Exemption from requirement to maintain website for residential park— Act , s 18G","content":"### sec.2C Exemption from requirement to maintain website for residential park— Act , s 18G\n\nFor section 18G (3) of the Act , a residential park is exempt from the requirement under section 18G (1) of the Act if the residential park has not more than 15 sites.\ns 2C ins 2024 SL No. 238 s 4","sortOrder":6},{"sectionNumber":"sec.2D","sectionType":"section","heading":"Details for comparison document for residential park— Act , s 18H","content":"### sec.2D Details for comparison document for residential park— Act , s 18H\n\nFor section 18H (b) (v) of the Act , the details stated in schedule 1 are prescribed.\ns 2D ins 2024 SL No. 238 s 4","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Site agreements","content":"# Site agreements","sortOrder":8},{"sectionNumber":"sec.2E","sectionType":"section","heading":"Requirements for site agreement— Act , s 25","content":"### sec.2E Requirements for site agreement— Act , s 25\n\nFor section 25 (4) (l) of the Act , this section prescribes other requirements for a site agreement.\nThe site agreement must state that, under section 19 of the Act , the park rules for the residential park are taken to be included as terms of the site agreement.\nThe site agreement must state—\nthe utilities that are supplied to the site; and\nthe utilities, if any, that are included in the site rent payable for the site.\nThe site agreement must state—\nwhether or not a landline telephone service is available to the site; and\nwhether or not an internet service is available to, or accessible from, the site; and\nif a service mentioned in paragraph (a) or (b) is available to, or accessible from, the site—whether the service is included in the site rent payable for the site.\nIf the site agreement provides for the placement of a ‘for sale’ sign, in relation to the manufactured home, on the site, the site agreement must state any requirements that apply in relation to the placement of the sign.\nSee section 57 of the Act in relation to the placement of a ‘for sale’ sign on the site.\nThe site agreement must state whether or not the park owner may require the home owner to reposition the manufactured home to another site in the residential park.\nSee section 93 of the Act for the circumstances in which the park owner may require the home owner to reposition the manufactured home.\nThe site agreement must state—\nany external features of the site that the home owner must maintain; and\nany external features of the site that the park owner must maintain.\ngardens, lawns, trees, retaining walls\nSee section 94 of the Act in relation to access by the park owner or the park manager to the site for maintenance of the site.\nThe site agreement must state whether or not the home owner is allowed to rent the site on which the home owner’s manufactured home is positioned to a person on a temporary basis.\ns 2E ins 2025 SL No. 119 6\n(sec.2E-ssec.1) For section 25 (4) (l) of the Act , this section prescribes other requirements for a site agreement.\n(sec.2E-ssec.2) The site agreement must state that, under section 19 of the Act , the park rules for the residential park are taken to be included as terms of the site agreement.\n(sec.2E-ssec.3) The site agreement must state— the utilities that are supplied to the site; and the utilities, if any, that are included in the site rent payable for the site.\n(sec.2E-ssec.4) The site agreement must state— whether or not a landline telephone service is available to the site; and whether or not an internet service is available to, or accessible from, the site; and if a service mentioned in paragraph (a) or (b) is available to, or accessible from, the site—whether the service is included in the site rent payable for the site.\n(sec.2E-ssec.5) If the site agreement provides for the placement of a ‘for sale’ sign, in relation to the manufactured home, on the site, the site agreement must state any requirements that apply in relation to the placement of the sign. See section 57 of the Act in relation to the placement of a ‘for sale’ sign on the site.\n(sec.2E-ssec.6) The site agreement must state whether or not the park owner may require the home owner to reposition the manufactured home to another site in the residential park. See section 93 of the Act for the circumstances in which the park owner may require the home owner to reposition the manufactured home.\n(sec.2E-ssec.7) The site agreement must state— any external features of the site that the home owner must maintain; and any external features of the site that the park owner must maintain. gardens, lawns, trees, retaining walls See section 94 of the Act in relation to access by the park owner or the park manager to the site for maintenance of the site.\n(sec.2E-ssec.8) The site agreement must state whether or not the home owner is allowed to rent the site on which the home owner’s manufactured home is positioned to a person on a temporary basis.\n- (a) the utilities that are supplied to the site; and\n- (b) the utilities, if any, that are included in the site rent payable for the site.\n- (a) whether or not a landline telephone service is available to the site; and\n- (b) whether or not an internet service is available to, or accessible from, the site; and\n- (c) if a service mentioned in paragraph (a) or (b) is available to, or accessible from, the site—whether the service is included in the site rent payable for the site.\n- (a) any external features of the site that the home owner must maintain; and\n- (b) any external features of the site that the park owner must maintain.","sortOrder":9},{"sectionNumber":"sec.3","sectionType":"section","heading":"Particular types of special terms prohibited in site agreements— Act , s 25B","content":"### sec.3 Particular types of special terms prohibited in site agreements— Act , s 25B\n\nFor section 25B (1) (a) of the Act , the types of special terms that are prohibited are special terms that—\ncalculate site rent increases in a misleading way; or\na special term that states that a rental increase is calculated in accordance with the consumer price index, but the rental increase includes an additional charge\nrequire a home owner to pay other charges but does not fully explain the charges; or\nrequire a home owner to gain the consent of the park owner before the home owner complies with a requirement under law; or\nstate that if the seller assigns the seller’s interest in a site agreement to a buyer, the site agreement between the seller and the park owner does not end until the buyer enters into a site agreement with the park owner; or\nrequire the home owner to give a current building inspection certificate to the park owner; or\nrestrict or prohibit an alteration to the home that is not visible from the outside of the home; or\nallow the park owner to consent to the alteration to the exterior of a home or addition to the home in a way that is contrary to section 98 of the Act ; or\nrequire the home owner to indemnify the park owner and the park owner’s employees, contractors or agents for loss that was not caused by the home owner, a guest of a home owner, or a home owner’s contractors or agents; or\ngive the park owner either of the following rights, however described—\na right to buy a home before another person may be offered the home;\na right to make a final offer to buy a home after all other offers have been made to buy the home; or\nstate site rent will not be reduced if there is a decrease or reduction in the standards, amenity or community facilities or services, including if—\nthere is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72 (1) (a) of the Act ; or\na communal facility or services mentioned in section 72 (1) (b) of the Act has been withdrawn; or\na communal facility or services mentioned in section 72 (1) (c) of the Act has not been provided; or\nstate that the park owner does not warrant that the site is suitable for use as the site of a manufactured home; or\nstate that the park owner may exclude a person from the residential park without having reasonable grounds for the exclusion; or\nappoint, or require the home owner to appoint, the park owner as an attorney for the home owner; or\nstate that the seller is liable for the actions of a buyer after the seller assigns the seller’s interest to the buyer; or\nstate that referring to the site agreement is a sufficient way to explain how an increase in site rent is calculated for the Act ; or\npurport to exclude legislation from affecting the site agreement, unless the legislation provides that it may be excluded; or\nimpose a monetary penalty on a home owner if the home owner breaches the site agreement; or\nremove a park owner’s liability for negligence or a breach of a contractual duty of care if the negligence or breach is caused by an act or omission of the park owner or the park owner’s employees, contractors or agents; or\nprohibit or prevent the park owner from reducing the site rent for any reason.\n- (a) calculate site rent increases in a misleading way; or Example— a special term that states that a rental increase is calculated in accordance with the consumer price index, but the rental increase includes an additional charge\n- (b) require a home owner to pay other charges but does not fully explain the charges; or\n- (c) require a home owner to gain the consent of the park owner before the home owner complies with a requirement under law; or\n- (d) state that if the seller assigns the seller’s interest in a site agreement to a buyer, the site agreement between the seller and the park owner does not end until the buyer enters into a site agreement with the park owner; or\n- (e) require the home owner to give a current building inspection certificate to the park owner; or\n- (f) restrict or prohibit an alteration to the home that is not visible from the outside of the home; or\n- (g) allow the park owner to consent to the alteration to the exterior of a home or addition to the home in a way that is contrary to section 98 of the Act ; or\n- (h) require the home owner to indemnify the park owner and the park owner’s employees, contractors or agents for loss that was not caused by the home owner, a guest of a home owner, or a home owner’s contractors or agents; or\n- (i) give the park owner either of the following rights, however described— (i) a right to buy a home before another person may be offered the home; (ii) a right to make a final offer to buy a home after all other offers have been made to buy the home; or\n- (i) a right to buy a home before another person may be offered the home;\n- (ii) a right to make a final offer to buy a home after all other offers have been made to buy the home; or\n- (j) state site rent will not be reduced if there is a decrease or reduction in the standards, amenity or community facilities or services, including if— (i) there is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72 (1) (a) of the Act ; or (ii) a communal facility or services mentioned in section 72 (1) (b) of the Act has been withdrawn; or (iii) a communal facility or services mentioned in section 72 (1) (c) of the Act has not been provided; or\n- (i) there is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72 (1) (a) of the Act ; or\n- (ii) a communal facility or services mentioned in section 72 (1) (b) of the Act has been withdrawn; or\n- (iii) a communal facility or services mentioned in section 72 (1) (c) of the Act has not been provided; or\n- (k) state that the park owner does not warrant that the site is suitable for use as the site of a manufactured home; or\n- (l) state that the park owner may exclude a person from the residential park without having reasonable grounds for the exclusion; or\n- (m) appoint, or require the home owner to appoint, the park owner as an attorney for the home owner; or\n- (n) state that the seller is liable for the actions of a buyer after the seller assigns the seller’s interest to the buyer; or\n- (o) state that referring to the site agreement is a sufficient way to explain how an increase in site rent is calculated for the Act ; or\n- (p) purport to exclude legislation from affecting the site agreement, unless the legislation provides that it may be excluded; or\n- (q) impose a monetary penalty on a home owner if the home owner breaches the site agreement; or\n- (r) remove a park owner’s liability for negligence or a breach of a contractual duty of care if the negligence or breach is caused by an act or omission of the park owner or the park owner’s employees, contractors or agents; or\n- (s) prohibit or prevent the park owner from reducing the site rent for any reason.\n- (i) a right to buy a home before another person may be offered the home;\n- (ii) a right to make a final offer to buy a home after all other offers have been made to buy the home; or\n- (i) there is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72 (1) (a) of the Act ; or\n- (ii) a communal facility or services mentioned in section 72 (1) (b) of the Act has been withdrawn; or\n- (iii) a communal facility or services mentioned in section 72 (1) (c) of the Act has not been provided; or","sortOrder":10},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Information required for disclosure documents— Act , sch 1","content":"### sec.3A Information required for disclosure documents— Act , sch 1\n\nFor schedule 1 , item 13 of the Act , the other information stated in schedule 2 is prescribed.\ns 3A ins 2025 SL No. 119 s 7","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Sale of manufactured home positioned on site","content":"# Sale of manufactured home positioned on site","sortOrder":12},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Information required for sale agreement— Act , s 56B","content":"### sec.3B Information required for sale agreement— Act , s 56B\n\nFor section 56B (1) (b) of the Act , the information stated in schedule 3 is prescribed.\ns 3B ins 2025 SL No. 119 s 8","sortOrder":13},{"sectionNumber":"sec.4","sectionType":"section","heading":"Maximum fee under selling authority— Act , s 61","content":"### sec.4 Maximum fee under selling authority— Act , s 61\n\nFor section 61 of the Act , the prescribed amount is—\nif the sale price of the manufactured home is not more than $18,000—5% of the sale price; or\nif the sale price of the manufactured home is more than $18,000—$900 plus 2.5% of the part of the sale price over $18,000.\n- (a) if the sale price of the manufactured home is not more than $18,000—5% of the sale price; or\n- (b) if the sale price of the manufactured home is more than $18,000—$900 plus 2.5% of the part of the sale price over $18,000.","sortOrder":14},{"sectionNumber":"pt.5","sectionType":"part","heading":"Varying site rent","content":"# Varying site rent","sortOrder":15},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Bases for site rent increase— Act , s 69A","content":"### sec.4A Bases for site rent increase— Act , s 69A\n\nFor section 69A (1) (b) of the Act , each of the following is prescribed as a basis for working out the amount of an increase in the site rent—\nan amount worked out by multiplying the site rent by the CPI increase;\nan amount worked out by multiplying the site rent by a stated percentage;\na stated amount expressed in dollars;\nan amount worked out by apportioning, in a stated way, the relevant rates increase for the residential park among the home owners for the residential park;\nan amount that is the greater of the amounts under any 2 of the bases prescribed under paragraphs (a) to (d) ;\nthe amount that is the greater of the following amounts—\nthe amount worked out by multiplying the site rent by the CPI increase;\nthe amount worked out by multiplying the site rent by 3.5%\nan amount that is the lesser of the amounts under any 2 of the bases prescribed under paragraphs (a) to (d) ;\nthe amount that is the lesser of the following amounts—\nthe amount worked out by multiplying the site rent by the CPI increase;\nthe amount worked out by multiplying the site rent by 2.5%\nan amount that is the sum of the amounts worked out using any 2 of the bases prescribed under paragraphs (a) to (d) .\nthe amount that is the sum of—\nthe amount worked out by multiplying the site rent by the CPI increase; and\nthe amount worked out by multiplying the site rent by 1%\nSee, however, section 69B of the Act in relation to restrictions on increasing the site rent.\nIn this section—\nCPI increase see section 69B (7) of the Act .\nrate notice means—\na notice issued under a regulation made under the City of Brisbane Act 2010 to levy rates and charges under that Act; or\na notice issued under a regulation made under the Local Government Act 2009 to levy rates and charges under that Act.\nrelevant rates increase , for a residential park, means the amount of the increase, if any, expressed in dollars between the total amount payable under the rate notices issued to the park owner in respect of the residential park—\nfor the 12-month period ending on a stated day of the year in which the increase in site rent is being worked out; and\nfor the 12-month period ending on the same day of the year immediately preceding the year mentioned in paragraph (a) .\ns 4A ins 2025 SL No. 119 s 9\n(sec.4A-ssec.1) For section 69A (1) (b) of the Act , each of the following is prescribed as a basis for working out the amount of an increase in the site rent— an amount worked out by multiplying the site rent by the CPI increase; an amount worked out by multiplying the site rent by a stated percentage; a stated amount expressed in dollars; an amount worked out by apportioning, in a stated way, the relevant rates increase for the residential park among the home owners for the residential park; an amount that is the greater of the amounts under any 2 of the bases prescribed under paragraphs (a) to (d) ; the amount that is the greater of the following amounts— the amount worked out by multiplying the site rent by the CPI increase; the amount worked out by multiplying the site rent by 3.5% an amount that is the lesser of the amounts under any 2 of the bases prescribed under paragraphs (a) to (d) ; the amount that is the lesser of the following amounts— the amount worked out by multiplying the site rent by the CPI increase; the amount worked out by multiplying the site rent by 2.5% an amount that is the sum of the amounts worked out using any 2 of the bases prescribed under paragraphs (a) to (d) . the amount that is the sum of— the amount worked out by multiplying the site rent by the CPI increase; and the amount worked out by multiplying the site rent by 1% See, however, section 69B of the Act in relation to restrictions on increasing the site rent.\n(sec.4A-ssec.2) In this section— CPI increase see section 69B (7) of the Act . rate notice means— a notice issued under a regulation made under the City of Brisbane Act 2010 to levy rates and charges under that Act; or a notice issued under a regulation made under the Local Government Act 2009 to levy rates and charges under that Act. relevant rates increase , for a residential park, means the amount of the increase, if any, expressed in dollars between the total amount payable under the rate notices issued to the park owner in respect of the residential park— for the 12-month period ending on a stated day of the year in which the increase in site rent is being worked out; and for the 12-month period ending on the same day of the year immediately preceding the year mentioned in paragraph (a) .\n- (a) an amount worked out by multiplying the site rent by the CPI increase;\n- (b) an amount worked out by multiplying the site rent by a stated percentage;\n- (c) a stated amount expressed in dollars;\n- (d) an amount worked out by apportioning, in a stated way, the relevant rates increase for the residential park among the home owners for the residential park;\n- (e) an amount that is the greater of the amounts under any 2 of the bases prescribed under paragraphs (a) to (d) ; Example— the amount that is the greater of the following amounts— (a) the amount worked out by multiplying the site rent by the CPI increase; (b) the amount worked out by multiplying the site rent by 3.5%\n- (a) the amount worked out by multiplying the site rent by the CPI increase;\n- (b) the amount worked out by multiplying the site rent by 3.5%\n- (f) an amount that is the lesser of the amounts under any 2 of the bases prescribed under paragraphs (a) to (d) ; Example— the amount that is the lesser of the following amounts— (a) the amount worked out by multiplying the site rent by the CPI increase; (b) the amount worked out by multiplying the site rent by 2.5%\n- (a) the amount worked out by multiplying the site rent by the CPI increase;\n- (b) the amount worked out by multiplying the site rent by 2.5%\n- (g) an amount that is the sum of the amounts worked out using any 2 of the bases prescribed under paragraphs (a) to (d) . Example— the amount that is the sum of— (a) the amount worked out by multiplying the site rent by the CPI increase; and (b) the amount worked out by multiplying the site rent by 1%\n- (a) the amount worked out by multiplying the site rent by the CPI increase; and\n- (b) the amount worked out by multiplying the site rent by 1%\n- (a) the amount worked out by multiplying the site rent by the CPI increase;\n- (b) the amount worked out by multiplying the site rent by 3.5%\n- (a) the amount worked out by multiplying the site rent by the CPI increase;\n- (b) the amount worked out by multiplying the site rent by 2.5%\n- (a) the amount worked out by multiplying the site rent by the CPI increase; and\n- (b) the amount worked out by multiplying the site rent by 1%\n- (a) a notice issued under a regulation made under the City of Brisbane Act 2010 to levy rates and charges under that Act; or\n- (b) a notice issued under a regulation made under the Local Government Act 2009 to levy rates and charges under that Act.\n- (a) for the 12-month period ending on a stated day of the year in which the increase in site rent is being worked out; and\n- (b) for the 12-month period ending on the same day of the year immediately preceding the year mentioned in paragraph (a) .","sortOrder":16},{"sectionNumber":"pt.6","sectionType":"part","heading":"Park owners’ obligations","content":"# Park owners’ obligations","sortOrder":17},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed matter for emergency plans— Act , s 86A","content":"### sec.5 Prescribed matter for emergency plans— Act , s 86A\n\nFor section 86A (1) (d) of the Act , the matter prescribed is the place to which home owners and other residents of the park must evacuate if there is an emergency.\ns 5 (prev s 4A) ins 2019 SL No. 82 s 4\nrenum 2019 SL No. 82 s 5","sortOrder":18},{"sectionNumber":"sec.6","sectionType":"section","heading":"Written records of emergency procedure tests","content":"### sec.6 Written records of emergency procedure tests\n\nThe park owner for a residential park must ensure a written record of each emergency procedure test for the park is kept at the park.\nMaximum penalty—20 penalty units.\nIn this section—\nemergency procedure test , for a residential park, means a test of an emergency procedure provided for in the emergency plan for the park.\ns 6 (prev s 4B) ins 2019 SL No. 82 s 4\nrenum 2019 SL No. 82 s 5\n(sec.6-ssec.1) The park owner for a residential park must ensure a written record of each emergency procedure test for the park is kept at the park. Maximum penalty—20 penalty units.\n(sec.6-ssec.2) In this section— emergency procedure test , for a residential park, means a test of an emergency procedure provided for in the emergency plan for the park.","sortOrder":19},{"sectionNumber":"sec.7","sectionType":"section","heading":"Emergency plan to be displayed on notice board— Act , s 89","content":"### sec.7 Emergency plan to be displayed on notice board— Act , s 89\n\nFor section 89 (3) of the Act —\nthe prescribed type of information is the emergency plan for the residential park; and\nthe prescribed period is any period for which a home owner for the park, or a tenant of a home owner for the park, resides in the park.\ns 7 (prev s 4C) ins 2019 SL No. 82 s 4\nrenum 2019 SL No. 82 s 5\n- (a) the prescribed type of information is the emergency plan for the residential park; and\n- (b) the prescribed period is any period for which a home owner for the park, or a tenant of a home owner for the park, resides in the park.","sortOrder":20},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 (prev s 4D) ins 2019 SL No. 82 s 4\nrenum 2019 SL No. 82 s 5\nom 2025 SL No. 119 s 11","sortOrder":21},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":22},{"sectionNumber":"sec.9","sectionType":"section","heading":"Manufactured Homes (Residential Parks) Regulation 2003 references","content":"### sec.9 Manufactured Homes (Residential Parks) Regulation 2003 references\n\nA reference in any document to the Manufactured Homes (Residential Parks) Regulation 2003 may, if the context permits, be taken to be a reference to this regulation.\ns 9 (prev s 5) renum 2019 SL No. 82 s 5","sortOrder":23}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation expands and specifies the scheme: it prescribes additional registration and disclosure material to be supplied by park owners (sec 2A), requires more items to appear in the public park register (sec 2B), creates a size‑based website exemption (sec 2C), mandates detailed site‑agreement content (sec 2E), lists prohibited special terms (sec 3), prescribes contents for disclosure and sale documents (secs 3A, 3B), fixes a tiered maximum selling fee (sec 4) and supplies multiple prescribed bases for calculating site‑rent increases (sec 4A). It also adds emergency planning and record obligations with a specific penalty (secs 5–7, 6)."},"complexity_factors":["Extensive cross‑references to the Manufactured Homes (Residential Parks) Act and other statutes (multiple sections throughout) increasing interpretive complexity.","Detailed, multi‑option numeric rules for calculating site‑rent increases (sec 4A) including CPI multipliers, fixed percentages, apportionment of local government rate increases, minima/maxima and sum/greater/lesser combinations.","Long list of prohibited special terms in site agreements with many granular examples and exceptions (sec 3).","New prescribed registration and disclosure information requirements tied to planning approvals and templates (secs 2A–2B) linking statutory and local planning instruments.","Operational compliance obligations (site agreement content, utilities, sign placement, repositioning, maintenance allocations) that increase contract drafting burden for park owners (sec 2E).","Specified monetary cap formula for selling authority fees with tiered thresholds (sec 4) that affects transaction costs.","Record‑keeping and display requirements for emergency plans, with an express penalty (20 penalty units) for failing to retain test records (secs 5–7, 6).","Exemptions and transitional references (sec 2C, sec 9) requiring attention to applicability and legacy documents."],"plain_english_summary":"This regulation sets out detailed registration, disclosure and operational rules for manufactured‑home residential parks: what park owners must supply when registering a park, what must appear in site agreements and sale documents, allowable methods for calculating site‑rent increases, a cap on selling fees, and emergency‑plan and record‑keeping duties. It affects park owners, home owners and prospective buyers by creating specific compliance duties and limited exemptions (for example, small parks with 15 or fewer sites) and attaching penalties for failures to keep required records (see secs 2A, 2E, 4A, 4, 2C, 6)."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.3(s)","severity":"low","reasoning":"Section 3(s) prohibits special terms that 'prohibit or prevent the park owner from reducing the site rent for any reason.' A park owner would never voluntarily include a term restricting their own ability to reduce rent, as it would only disadvantage themselves. The prohibition targets a self-harming term that rational actors would never draft, rendering the provision functionally vacuous.","confidence":0.65,"description":"A prohibited special term that prevents the park owner from reducing site rent for any reason — but the park owner is the one drafting the agreement and would have no incentive to include such a term voluntarily. Prohibiting a term that benefits the home owner and would never logically be inserted by the park owner is a legal nullity in practice."},{"type":"impossible_compliance","section":"sec.3(d)","severity":"medium","reasoning":"Prohibiting a term that keeps the original agreement alive until the buyer signs a new one means there is a period during assignment where the site is occupied but potentially no valid site agreement exists. The regulation creates a legal vacuum in the transitional period of assignment without providing an alternative bridging mechanism.","confidence":0.7,"description":"The prohibited term addresses a logical impossibility in assignment mechanics. It prohibits a term stating the original site agreement does not end until the buyer enters a new one — yet if there is no agreement in force, there is no legal basis for the buyer to occupy the site in the interim. The prohibition creates a gap where neither the seller's nor the buyer's agreement is operative."},{"type":"other","section":"sec.3(f)","severity":"medium","reasoning":"The criterion of visibility from the outside is an arbitrary proxy for harm. An internal alteration such as removing load-bearing walls or modifying gas lines is invisible from outside but highly dangerous. Prohibiting any contractual restriction on such alterations regardless of safety consequences produces an absurd outcome.","confidence":0.72,"description":"Prohibiting restrictions on alterations 'not visible from the outside of the home' could inadvertently protect alterations that compromise structural integrity, fire safety or building code compliance, since visibility from the outside is entirely unrelated to safety or structural impact."},{"type":"other","section":"sec.4A(1)(e) and sec.4A(1)(f)","severity":"medium","reasoning":"The definition of 'relevant rates increase' explicitly allows a zero-dollar outcome (it is 'the amount of the increase, if any'). When rates do not increase, base (d) is zero. Selecting the lesser of CPI and zero under (f) effectively means no rent increase is permitted, while selecting the greater of CPI and zero under (e) trivially produces CPI. The interaction creates unintended results depending on whether rates rise in a given year.","confidence":0.68,"description":"Section 4A(1)(e) permits a rent increase basis using the greater of any two prescribed bases (including base (d) — rates increase apportionment), while section 4A(1)(f) permits the lesser. However, base (d) is potentially zero or even negative (if rates decrease), meaning 'the greater of CPI increase and zero' effectively defaults to the CPI increase in all practical cases, while 'the lesser of CPI increase and zero' would result in no increase or a notional reduction — an unintended outcome that the drafters almost certainly did not intend."},{"type":"impossible_compliance","section":"sec.6","severity":"low","reasoning":"Requiring emergency-related records to be stored exclusively at the site of a potential emergency is self-defeating. A fire, flood or cyclone — the very scenarios emergency plans address — could destroy or make inaccessible the records that regulators would need to review compliance in the aftermath.","confidence":0.75,"description":"Section 6 requires written records of emergency procedure tests to be 'kept at the park.' In the event of the very emergency the plan is designed for — which may destroy or render inaccessible the park premises — the records would be unavailable when most needed for post-incident review or compliance verification."},{"type":"other","section":"sec.3(c)","severity":"low","reasoning":"Any term requiring consent before legal compliance would be unenforceable under general contract law principles (illegality, public policy) regardless of this regulation. Specifically prohibiting it suggests the drafters were uncertain about existing legal protections, and the provision adds no operative legal effect.","confidence":0.6,"description":"Prohibiting a term that requires a home owner to obtain the park owner's consent before complying with a requirement under law is logically sound in intent, but creates an absurdity: if such a term were somehow valid, compliance with it would itself constitute a breach of the law it was requiring consent to comply with. The term is already rendered void by operation of law, making its specific prohibition redundant."},{"type":"other","section":"sec.4A(1)(g)","severity":"medium","reasoning":"Section 4A(1)(g) allows the sum of amounts worked out using any two of bases (a) to (d). However, paragraphs (e), (f) and (g) themselves generate amounts derived from (a)-(d). If (g) can reference (e) or (f) as intermediate values (which are themselves derived from (a)-(d)), the calculation becomes a compound of compounds. While the text says 'paragraphs (a) to (d)', the structural ambiguity of 'any 2 of the bases prescribed under paragraphs (a) to (d)' is not entirely clear as to whether (e)-(g) themselves count as prescribed bases, creating potential for circular or exponential compounding.","confidence":0.62,"description":"Permitting a rent increase basis that is the sum of any two prescribed bases — including potentially the sum of two 'greater of' combinations or two 'lesser of' combinations — allows compounding of already-compounded bases, creating potentially recursive and indeterminate rent calculations."}],"contradictions":[{"severity":"low","section_a":"sec.3(j)","section_b":"sec.3(s)","confidence":0.6,"description":"Section 3(j) prohibits a special term stating site rent will not be reduced if amenity decreases — implying that rent reduction in response to amenity reduction is a right. Section 3(s) prohibits a term preventing the park owner from reducing rent for any reason — implying reduction is at the park owner's discretion. These provisions conceptually conflict: one frames rent reduction as a home owner entitlement in specific circumstances, while the other frames it as a park owner's discretionary act that cannot be contractually fettered."},{"severity":"low","section_a":"sec.3(q)","section_b":"sec.3(r)","confidence":0.55,"description":"Section 3(q) prohibits special terms imposing monetary penalties on home owners for breach of a site agreement. Section 3(r) prohibits terms removing the park owner's liability for negligence or breach of contractual duty of care. Read together, home owners are protected from penalty for breach while park owners are exposed to liability for breach — creating an asymmetric contractual regime where breach consequences are one-directional. While not a strict logical contradiction, this structural asymmetry is arguably inconsistent with general contract law principles of mutuality of obligations."},{"severity":"low","section_a":"sec.2E(5)","section_b":"sec.3(i)","confidence":0.5,"description":"Section 2E(5) contemplates that a site agreement may provide for the placement of a 'for sale' sign on the site, requiring requirements for sign placement to be stated. Section 3(i) prohibits special terms giving the park owner a right of first refusal or a right to make a final offer on the home. Taken together, if the park owner can regulate signage requirements via the site agreement, this could be used to effectively impede sale to third parties and achieve indirectly what section 3(i) prohibits directly — an indirect facilitation of the very right the regulation prohibits."},{"severity":"medium","section_a":"sec.3(n)","section_b":"sec.3(d)","confidence":0.72,"description":"Section 3(d) prohibits a term stating that the original site agreement between seller and park owner does not end until the buyer enters into a new site agreement. Section 3(n) prohibits a term stating the seller remains liable for the buyer's actions after assignment. These two prohibitions, while individually defensible, together create a legal gap: prohibiting (d) means the original agreement ends at assignment, and prohibiting (n) means the seller bears no post-assignment liability — but without a bridging mechanism, there may be a period after assignment where the site is occupied under no operative agreement with the park owner, creating an unregulated occupancy."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2017 form. Substantial amendments in 2019 added emergency plan obligations, 2024 amendments added new park registration and comparison document requirements, and 2025 amendments added site agreement content requirements, sale agreement information, disclosure document requirements, and the new site rent increase formula framework. The original regulation appears to have focused primarily on prohibited contract terms and selling fees, whereas the current version covers the full lifecycle from park registration through to ongoing safety management."},"complexity_factors":["Cross-references to a parent Act (Manufactured Homes (Residential Parks) Act) throughout, making it impossible to fully understand without reading that separate legislation","The site rent increase section (s.4A) involves multiple overlapping mathematical formulas and combinations that require careful reading to interpret correctly","The prohibited contract terms section (s.3) contains 19 separate sub-categories, each requiring legal and factual analysis to apply","Multiple amendments from different years (2019, 2024, 2025) have added, renumbered and removed sections, creating structural complexity","Schedules 1, 2 and 3 are referenced but not reproduced in the text, creating gaps in understanding the full obligations","Defined terms (CPI increase, relevant rates increase, rate notice) depend on other legislation (City of Brisbane Act 2010, Local Government Act 2009) for their meaning","The interplay between prohibited special terms and what the parent Act already provides requires knowledge of both documents simultaneously"],"plain_english_summary":"This Queensland regulation sets rules for residential parks where people own a manufactured home but rent the land. It requires park registration and disclosure, prescribes what must be in site agreements, bans unfair contract terms, caps commissions on home sales, limits how rent can be increased, and imposes basic safety and emergency planning obligations.\n\nIt affects park owners, current and prospective home owners, and protects typically older, fixed‑income residents from surprise fees, exploitative contracts, and unsafe park practices."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2017 scope. The 2017 version was primarily concerned with emergency plans and transitional arrangements. The 2024 amendments added comprehensive registration requirements, website obligations, comparison documents, and detailed disclosure requirements. The 2025 amendments then added extensive site agreement content requirements, prohibited terms, disclosure document rules, sale agreement requirements, and complex rent increase calculation methods. The legislation has evolved from a basic implementation regulation into a detailed consumer protection framework governing almost every aspect of the relationship between park owners and home owners."},"complexity_factors":["Multiple amendment layers (2017 base with 2019, 2024, and 2025 amendments creating numbering inconsistencies like 'sec.2E' inserted after 'sec.2C')","Heavy cross-referencing to the parent Act (Manufactured Homes (Residential Parks) Act 2003) with over 20 distinct section references","Nested conditional logic in rent increase calculations (section 4A) with multiple tiers of 'greater of', 'lesser of', and 'sum of' formulas","19 distinct prohibited term categories in section 3 with multiple sub-paragraphs and examples","Defined terms scattered throughout (CPI increase, rate notice, relevant rates increase, emergency procedure test) rather than consolidated in a single interpretation section","Reliance on external schedules (Schedules 1, 2, and 3) for substantive content not included in the main text","Transitional provisions dealing with predecessor regulation references"],"plain_english_summary":"This regulation sets out the detailed rules for how manufactured home parks (also called residential parks) must operate in Queensland. It covers three main groups: **park owners** (who run the parks), **home owners** (people who own their manufactured home but rent the land it sits on), and **prospective buyers**.\n\n**What it does:**\n\n*   **Registration:** It lists what information park owners must provide when applying to register a new park, including development approvals, details of other parks they own, template contracts, and estimated rent costs. Small parks with 15 or fewer sites are exempt from having to maintain a website.\n\n*   **Site agreements:** These are the contracts between park owners and home owners. The regulation specifies what must be included in these agreements—such as which utilities are provided, whether internet/phone is available, who maintains gardens and lawns, whether the owner can be forced to move their home to a different site, and whether they can temporarily rent out their site.\n\n*   **Banned contract terms:** It lists 19 specific types of unfair terms that cannot be used in site agreements. These include terms that: calculate rent increases in misleading ways; make home owners get the park owner's permission before complying with the law; give the park owner first right to buy a home; prevent rent reductions when facilities deteriorate; make home owners pay for damage they didn't cause; or try to remove the park owner's liability for negligence.\n\n*   **Selling homes:** It caps the fees park owners can charge when acting as selling agents for home owners (5% on homes up to $18,000, or $900 plus 2.5% of the amount over $18,000 for more expensive homes).\n\n*   **Rent increases:** It sets out the legal methods for calculating rent increases, including: using the Consumer Price Index (CPI); fixed percentages; fixed dollar amounts; passing on council rate increases; or combinations of these methods (such as the greater of CPI or 3.5%, or the lesser of CPI or 2.5%).\n\n*   **Safety:** It requires park owners to keep written records of emergency procedure tests and display emergency plans on notice boards.\n\n**Why it matters:** This regulation protects vulnerable residents—often retirees—who own their home but not the land underneath it. It prevents exploitative contract terms, ensures transparency about costs and services, limits excessive selling fees, and provides clear rules for how rents can go up."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/manufactured-homes-residential-parks-regulation-2017","history":"/api/acts/manufactured-homes-residential-parks-regulation-2017/history","analysis":"/api/acts/manufactured-homes-residential-parks-regulation-2017/analysis","conflicts":"/api/acts/manufactured-homes-residential-parks-regulation-2017/conflicts","importantCases":"/api/acts/manufactured-homes-residential-parks-regulation-2017/important-cases","documents":"/api/acts/manufactured-homes-residential-parks-regulation-2017/documents"}}