Manufactured Home Amendments: Commencement date for new site agreement and re-sale process announced

The Queensland Government has confirmed that significant reforms to the manufactured homes framework will soon take effect, with the commencement date for the new site agreement and re-sale process set for 6 December 2025. These reforms form part of the staged rollout of the Manufactured Homes (Residential Parks) Amendment Act 2024, which introduced changes to the regulation of residential parks in Queensland.

The upcoming commencement is particularly important for park owners, as it will usher in the new approved form of site agreement and disclosure document, impose stricter rules around site rent increases, and reshape the way re-sales and assignments are managed. Together with the associated Manufactured Homes (Residential Parks) Amendment Regulation 2025, these changes mark a major shift in compliance requirements for park owners, who will now need to carefully review and update their documentation and processes to ensure they are ready by December.

Previous amendments

Park owners will recall that:

• the Manufactured Homes (Residential Parks) Amendment Act 2024 (Amendment Act) was assented to on 6 June 2024;
• the amendments with respect to site rent increases, buyback and rent reduction scheme, and termination orders commenced on assent (i.e. 6 June 2024);
• the amendments with respect to the approved ways of paying site rent commenced on 6 December 2024; and
• the amendments with respect to the registration of residential parks, park website, and comparison document commenced on 20 February 2025.

Proclamation

The Governor in Council has proclaimed that 6 December 2025 will be the commencement of the following provisions of the Amendment Act:

• section 30 – amendment to the definition of “residential park dispute” with respect to assignments;
• sections 32 to 35 – amendments with respect to site agreements (including the new approved form of site agreement) and entering into site agreements (including the new approved form of disclosure document, particular terms to be included in new site agreements, the maximum site rent payable under new site agreements, and removing the ability to assign site agreements except for where the assignment is to a relative of the home owner);
• section 36, other than to the extent it inserts section 56B(1)(a) – amendments with respect to the notice to be given by a home owner to a park owner when they propose to sell their home and the requirements for a sale contract (note, the provision requiring a sale contract to be in the approved form will not commence at this time);
• sections 37 to 41 – miscellaneous amendments to update the buyback scheme;
• sections 43 and 44 – amendments introducing the prescribed bases of increase that are permitted to be included in a site agreement, and the requirement for the site rent payable under new site agreements to be declared in the comparison document before each general increase day once every 12 months;
• section 49, to the extent it is not in force – transitional provisions;
• section 50 – the new Schedule 1 setting out what information is to be included in the new disclosure document;
• section 51(1) and (2) – various definitions associated with the above amendments; and
• schedule 1 – amendments to the Fire Services Act 1990 concerning notifications to be given by a home owner on a re-sale as to whether there are compliant smoke alarms in the manufactured home.

The new site agreement and disclosure document forms have not yet been released, but we anticipate that this will occur in due course.

Regulation

The Governor in Council has also made the Manufactured Homes (Residential Parks) Amendment Regulation 2025, which commences on 6 December 2025.

The Amendment Act provides for various additional requirements to be made by Regulation in relation to the amendments that will be commencing on 6 December 2025, and this is what this amending Regulation does.

Park owners should familiarise themselves with the following:

• the new requirements for site agreements (new Section 2E);
• the information to be included in the disclosure document (new Schedule 2); and
• the information to be included in a sale contract (new Schedule 3).

Importantly, the Regulation specifies what is a permitted basis to increase the site rent under a site agreement in circumstances where the Act will now provide that only a permitted basis of increase can be stated in a site agreement. The new Section 4A provides as follows:

4A Bases for site rent increase—Act, s 69A

(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—

(a) an amount worked out by multiplying the site rent by the CPI increase;

(b) an amount worked out by multiplying the site rent by a stated percentage;

(c) a stated amount expressed in dollars;

(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;

(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%

(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%

(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%

Note for subsection (1)—

See, however, section 69B of the Act in relation to restrictions on increasing the site rent.

(2) In this section—

CPI increase see section 69B(7) of the Act.

rate notice means—

(a) a notice issued under a regulation made under the City of Brisbane Act 2010 to levy rates and charges under that Act; or

(b) 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—

(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

(b) for the 12-month period ending on the same day of the year immediately preceding the year mentioned in paragraph (a).

Next steps

Park owners will therefore need to:

• from 6 December 2025:
  • ensure that the new approved form of site agreement is utilised, and update their site agreement so that it is consistent with the amendments, including that only a permitted basis of increase is provided for in the site agreement;
  • ensure that the new approved form of disclosure document is utilised; and
  • ensure that the park owner’s sale contract contains the required information; and
• before 6 December 2025 – for existing site agreements that do not specify at least 3 approved ways of payment, give a notice that nominates at least 3 approved ways and invites the home owner to choose 1 of them.

Park owners will also need to monitor for any further updates to ensure that they are ready for the commencement of these requirements on 6 December 2025.