Manufactured Homes (Residential Parks) Amendment Regulation 2026

1Short title

This regulation may be cited as the Manufactured Homes (Residential Parks) Amendment Regulation 2026.

2Commencement

This regulation commences on 7 June 2026.

3Regulation amended

This regulation amends the Manufactured Homes (Residential Parks) Regulation 2017.

4Insertion of new s 2AA

After section 2—
insert—

2AA Definitions

In this regulation—

capital items, in relation to a residential park, for part 7, see section 8.

registered, in relation to a residential park, see section 18 of the Act.

relevant period, for a maintenance and capital replacement plan for a residential park, for part 7, see section 9.

5Insertion of new s 3C

After section 3B—
insert—

3CMaximum fee for giving buyer disclosure documents—Act, s 56C

For section 56C(6) of the Act, the amount prescribed is $0.70 for each page of the disclosure documents mentioned in section 29(2) of the Act, up to a maximum of $100.

6Replacement of pt 6, hdg (Park owners’ obligations)

Part 6, heading—
omit, insert—

Part 6 Emergency plans

7Amendment and renumbering of pt 7 (Transitional provision)

(1)Part 7, heading, ‘provision’—
omit insert—

provisions

(2)Part 7—
renumber as part 8.

8Insertion of new pt 8, div 1, hdg

Before section 9—
insert—

Division 1 Transitional provision for SL No. 181 of 2017

9Renumbering of s 9 (Manufactured Homes (Residential Parks) Regulation 2003 references)

Section 9—
renumber as section 25.

10Insertion of new pt 7

After part 6—
insert—

Part 7 Maintenance and capital replacement plans

Division 1 Preliminary

8Meaning of capital items

The capital items, in relation a residential park, are the items forming the residential park’s common areas and communal facilities.

9Meaning of relevant period

The relevant period, for a maintenance and capital replacement plan for a residential park, is 10 years from the later of the following days—

(a)the day the plan is first prepared;

Note—

See, however, section 28(2) in relation to the relevant period for a maintenance and capital replacement plan that is an interim plan.

(b)for a plan that is revised under section 86B(2)(c) of the Act—the day the plan is revised under that section.

Division 2 Information requirements

10Purpose of division

For section 86B(2)(b) of the Act, this division prescribes the information that must be included in a maintenance and capital replacement plan for a residential park.

11Information for maintenance and capital replacement plan—Act, s 86B

The information prescribed for a maintenance and capital replacement plan is—

(a)the following details about the residential park and the park owner—

(i)the name of the residential park;

(ii)the address of the residential park;

(iii)the name of the park owner;

(iv)contact details for the park owner; and

(b)for the plan that is first prepared for the residential park—the date the plan is prepared; and

(c)for a plan that is revised under section 86B(2)(c) of the Act—the date the plan is revised under that section; and

(d)a statement to the effect that, under section 17(b) of the Act, the park owner is responsible for maintaining the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owners or the home owners’ tenants; and

(e)a list, in accordance with section 12, of particular capital items or categories of capital items the park owner is responsible for maintaining; and

(f)information, in accordance with section 13, about the capital items or categories of capital items listed under section 12; and

(g)information, in accordance with section 14, about how the park owner plans to provide for day-to-day or other routine maintenance of the common areas and communal facilities.

12Particular capital items that must be listed

(1)For section 11(e), the information is a list of the capital items the park owner is responsible for maintaining that exceed the relevant value.

(2)The reference in subsection (1) to capital items includes a reference to any of the following items that are capital items in relation to the residential park—

(a)lawns, gardens and other green spaces;

(b)ramps, lifts and other accessibility features;

(c)roads;

(d)street lights;

(e)sporting facilities, including swimming pools;

(f)vehicles kept for the use or benefit of home owners;

Example—

golf carts

(g)any of the following that form part of the communal facilities of the park—

(i)halls and other facilities for social gatherings;

(ii)facilities for food preparation;

(iii)facilities for leisure activities;

(iv)shared shower blocks, toilet blocks or laundry facilities;

(v)appliances.

(3)A capital item may be listed individually or by category.

(4)For this section, a capital item exceeds the relevant value if—

(a)the item has, or is of a category that has, a replacement value of more than $1,000; or

(b)the item was, or is of a category that was, acquired for more than $1,000.

(5)Also, for this section, capital items are of a category if the items—

(a)are of a similar nature; and

(b)have a similar life span.

13Information about maintenance and replacement of particular capital items

(1)For section 11(f), the information is the following information about each capital item or category of capital items listed in the maintenance and capital replacement plan under section 12—

(a)any maintenance planned for the item or category during the relevant period for the plan, including the frequency of planned maintenance and any dates for planned maintenance;

(b)any item or category for which the park owner has not planned any maintenance during the relevant period for the plan;

(c)the expected cost of the maintenance planned for the item or category for each year or part of a year during the relevant period for the plan.

(2)Also, for section 11(f), the information includes—

(a)a statement about the park owner’s key priorities for maintenance of capital items, or categories of capital items, during the relevant period for the plan; and

(b)if the park owner proposes to replace any capital item or category of capital items during the relevant period for the plan—the item or category the park owner proposes to replace and the time frame, including any planned dates, for the proposed replacement.

14Information about day-to-day or other routine maintenance of common areas and communal facilities

(1)For section 11(g), the information is information about the park owner’s plan to provide for day-to-day or other routine maintenance to maintain the common areas and communal facilities in a reasonable state of cleanliness and repair during the relevant period for the maintenance and capital replacement plan.

(2)Without limiting subsection (1), the information includes—

(a)details of the standards of cleanliness the park owner intends to maintain; and

(b)details of the park owner’s plan to provide for the day-to-day or other routine maintenance mentioned in subsection (1), including—

(i)a schedule for carrying out the planned maintenance; and

Examples of a schedule for carrying out day-to-day or other routine maintenance—

•lawns mowed fortnightly, or more frequently as needed

•community hall cleaned weekly

•hedges in common area trimmed monthly

(ii)expected timeframes for carrying out any unplanned maintenance that is required to ensure the common areas and communal facilities are fit for use.

Examples of timeframes for carrying out unplanned maintenance—

•replacement of broken light bulbs in community hall within 48 hours

•mechanical, electrical, chemical or other safety issues fixed as soon as possible

Division 3 Consultation procedures and requirements

15Purpose of division

For section 86B(2)(b) of the Act, this division prescribes procedures and other requirements about consultation to be undertaken by the park owner for a residential park before a maintenance and capital replacement plan for the residential park is prepared, or revised under section 86B(2)(c) of the Act.

Note—

See, however, section 28(3) in relation to the preparation of a maintenance and capital replacement plan that is an interim plan.

16 Notice of consultation for maintenance and capital replacement plan

(1)The park owner for the residential park must, at least 90 days before a maintenance and capital replacement plan for the park is prepared, or revised under section 86B(2)(c) of the Act, give a notice that complies with subsection (2) to—

(a)each home owner; and

(b)any home owners committee established for the park.

(2)The notice must state the following matters—

(a)that each home owner, and any home owners committee established for the residential park, may make a submission to the park owner in writing about the following matters—

(i)the capital items that should be listed in the maintenance and capital replacement plan;

(ii)the capital items that should be prioritised for maintenance during the next 10 years;

(iii)any safety concerns the home owner or home owners committee has about the common areas or communal facilities;

(iv)the state of cleanliness and repair of the common areas and communal facilities, including—

(A)the standards of cleanliness that should be maintained; and

(B)how the standards of cleanliness should be maintained;

(b)the day by which any submission must be made to the park owner;

(c)the location within the residential park where a hard copy of the maintenance and capital replacement plan is kept for home owners to view free of charge;

(d)that a home owner may ask the park owner, in writing, for a copy of the maintenance and capital replacement plan;

(e)details of any fee the park owner may charge for giving the home owner a copy of the maintenance and capital replacement plan.

Note—

See section 22 for the maximum fee that may be charged for a digital copy or a hard copy of a maintenance and capital replacement plan.

(3)For subsection (2)(b), the stated day must be at least 28 days after the day the notice is given to the home owner.

17Submissions made to park owner

(1)A home owner, or any home owners committee established for the residential park, may make a submission to the park owner about the matters mentioned in section 16(2)(a)(i) to (iv).

(2)The submission must be made—

(a)in writing; and

(b)by the day stated in the notice under section 16(2)(b).

18Park owner must consider submissions

The park owner must consider the submissions made to the park owner under section 17.

Division 4 Other matters

19 Keeping copy of maintenance and capital replacement plan—Act, s 86B

For section 86B(2)(b) of the Act, at least 1 hard copy of the maintenance and capital replacement plan must be kept for home owners to view free of charge—

(a)if the park owner or park manager has an office located within the residential park—in a part of the office that is accessible to home owners; or

(b)otherwise—at another location within the residential park that is accessible to home owners.

20Interval for revising maintenance and capital replacement plan—Act, s 86B

(1)For section 86B(2)(c) of the Act, the interval prescribed for revising a maintenance and capital replacement plan is a period ending not later than 2 years after—

(a)for the plan that is first prepared for the residential park—the day the plan is prepared; or

Note—

See, however, section 30(4) and (5) in relation to the interval prescribed for revising a maintenance and capital replacement plan that is an interim plan.

(b)for a plan that has been revised under section 86B(2)(c) of the Act—the day the plan was most recently revised under that section.

(2)In working out the length of the interval prescribed under subsection (1), any period for which a park owner is exempt under section 86E of the Act from the requirement under section 86B of the Act to prepare and keep a maintenance and capital replacement plan is to be disregarded.

21Interval for giving chief executive copy of maintenance and capital replacement plan—Act, s 86B

For section 86B(3)(b) of the Act, the interval prescribed is a period ending not later than 28 days after the day the maintenance and capital replacement plan is first prepared or, if applicable, is revised under section 86B(2)(c) of the Act.

22Maximum fee for copy of maintenance and capital replacement plan—Act, s 86D

For section 86D(2)(b) of the Act, the amount prescribed for giving a home owner a copy of the maintenance and capital replacement plan is—

(a)for giving a digital copy by electronic communication—

(i)for the first request by the home owner for a copy of the plan—nil; or

(ii)for each later request by the home owner for a copy of the same plan—$5; or

(b)for giving a hard copy—$0.70 for each page of the plan.

23Criteria for exemption from requirement to prepare and keep maintenance and capital replacement plan—Act, s 86E

(1)For section 86E of the Act, the criteria prescribed are—

(a)the residential park—

(i)was registered on or after 31 December 2025; and

(ii)has been registered for not more than 2 years; or

(b)not more than 15 site agreements are in force for the residential park; or

(c)for a residential park that is a mixed-use park—the number of sites in the residential park for which a site agreement is in force is less than 30% of the total number of relevant lots in the park; or

(d)the residential park satisfied the criterion mentioned in paragraph (b) or (c) on a day within the previous 12 months.

(2)In this section—

mixed-use park means a residential park that includes—

(a)manufactured homes positioned on sites for which a site agreement is in force; and

(b)other types of accommodation.

Examples of other types of accommodation—

caravans, holiday rentals, residential premises under residential tenancy agreements with the park owner

relevant lot—

(a)means—

(i)a site; or

(ii)an area of land on which a single caravan is, or may be, positioned; or

(iii)an area of land on which another type of accommodation is positioned; but

(b)does not include an area of land that is used for camping.

24Information to be displayed on notice board—Act, s 89

(1)For section 89(3) of the Act, this section prescribes types of information and the prescribed period for each type of information.

(2)Each of the following types of information is prescribed—

(a)a copy of a notice given by the park owner under section 16;

(b)a statement containing the following information about the maintenance and capital replacement plan for the residential park—

(i)that the plan has been prepared or, if applicable, has been revised under section 86B(2)(c) of the Act;

(ii)the location within the park where a hard copy of the plan is kept for home owners to view free of charge;

(iii)that a home owner may ask the park owner, in writing, for a copy of the plan;

(iv)any fee the park owner may charge for giving the home owner a copy of the plan.

Note—

See section 22 for the maximum fee that may be charged for a digital copy or a hard copy of a maintenance and capital replacement plan.

(3)The period prescribed is—

(a)for the type of information mentioned in subsection (2)(a)—28 days from the day the notice is given to each home owner; or

(b)for the type of information mentioned in subsection (2)(b)—3 months from the day the maintenance and capital replacement plan is prepared or, if applicable, is revised under section 86B(2)(c) of the Act.

11Insertion of new pt 8, div 2

Part 8, as renumbered—
insert—

Division 2 Transitional provisions for Manufactured Homes (Residential Parks) Amendment Regulation 2026

26Application of division

This division applies in relation to a residential park that—

(a)was registered before 31 December 2025; and

(b)on 7 June 2026—

(i)continues to be registered; and

(ii)does not satisfy any of the criteria prescribed under section 23(1)(b), (c) or (d).

27Meaning of interim plan

For this division, the interim plan, for a residential park mentioned in section 26, is the maintenance and capital replacement plan the park owner must, under section 86B(1) of the Act, ensure is prepared and kept for the park from 7 June 2026.

28Modified application of pt 7 for preparation of interim plan

(1)Part 7 applies in relation to the preparation of the interim plan for the residential park with the modifications provided under this section.

(2)Despite section 9(a), the relevant period for the interim plan is the period—

(a)starting on 7 June 2026; and

(b)ending on 31 December 2027.

(3)Part 7, division 3 does not apply in relation to the preparation of the interim plan for the residential park.

29Initial notice to be given after interim plan prepared—Act, s 86B

(1)For section 86B(2)(b) of the Act, the park owner must, within 28 days after the day the interim plan is prepared for the residential park, give a notice that complies with subsection (2) to—

(a)each home owner; and

(b)any home owners committee established for the park.

(2)The notice must state the following matters—

(a)that under section 86B of the Act, the park owner must ensure a maintenance and capital replacement plan is prepared and kept for the residential park;

(b)that the maintenance and capital replacement plan for the residential park includes information about—

(i)the park owner’s long-term priorities for maintaining the common areas and communal facilities; and

(ii)the park owner’s proposed schedule for keeping the common areas and communal facilities in a reasonable state of cleanliness and repair;

(c)that the maintenance and capital replacement plan prepared for the residential park is an interim plan that includes information about capital items relating to the period ending on 31 December 2027;

(d)that the park owner must, not later than 1 January 2028, revise the maintenance and capital replacement plan for the residential park to include information about capital items relating to a period of 10 years;

(e)that the park owner must consult home owners, and any home owners committee established for the residential park, to seek submissions about the matters mentioned in section 16(2)(a)(i) to (iv);

(f)that each home owner, and any home owners committee established for the residential park, may make a submission to the park owner in writing about the matters mentioned in section 16(2)(a)(i) to (iv);

(g)that, at least 90 days before the maintenance and capital replacement plan for the residential park is first revised under section 86B(2)(c) of the Act, a notice under section 16 will be given to each home owner, and any home owners committee established for the park, stating the day by which any further submissions must be made;

(h)the location within the residential park where a hard copy of the maintenance and capital replacement plan is kept for home owners to view free of charge;

(i)that a home owner may ask the park owner, in writing, for a copy of the maintenance and capital replacement plan;

(j)details of any fee the park owner may charge for giving the home owner a copy of the maintenance and capital replacement plan.

Note—

See section 22 for the maximum fee that may be charged for a digital copy or a hard copy of a maintenance and capital replacement plan.

30Modified application of pt 7 for revision of interim plan

(1)Part 7 applies in relation to the revision of the interim plan for the residential park with the modifications provided under this section.

(2)Section 18 applies to the park owner as if the reference to the submissions made to the park owner under section 17 included a reference to any preliminary submissions made to the park owner by the day mentioned in section 17(2)(b).

(3)For subsection (2), a preliminary submission is a submission made to the park owner, in response to the notice given by the park owner under section 29, about the matters mentioned in section 16(2)(a)(i) to (iv).

(4)For section 86B(2)(c) of the Act, the interval prescribed for first revising the interim plan is a period ending not later than 1 January 2028.

(5)Subsection (4) applies despite section 20(1)(a).

31Additional information to be displayed on notice board—Act, s 89

(1)For section 89(3) of the Act—

(a)the type of information prescribed is a copy of the notice given by the park owner under section 29; and

(b)the period prescribed is 28 days from the day the notice is given to each home owner.

(2)Subsection (1) does not limit the application of section 24 in relation to the interim plan for the residential park.