Understanding manufactured homes and residential parks

A manufactured home 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.

A manufactured home doesn't include a converted caravan.

Converted caravans

A converted caravan is a structure that was originally designed as a caravan but is no longer a caravan because of a structural addition or structural alteration.

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

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

Manufactured home owners

A person is considered a manufactured home owner if:

  • the manufactured home is positioned on a site in a residential park under a site agreement
  • 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

There are various types of residential parks:

  • Mixed-use – the park may have a mixture of manufactured homes under site agreements, caravan sites, tents, and holiday cabins, offering short and long-term accommodation under other lease terms.
  • Purpose-built – the park is made up of manufactured homes all operating under site agreements and is often targeted at the over-50s age group.
  • Tourist – the park may have a mixture of permanent/semi-permanent and short-term tenants occupying caravan sites and park-owned holiday cabins in addition to owner-occupied manufactured homes under site agreements.

Park owner

A park owner is a person who owns a residential park.

A park owner can include the personal representative or a beneficiary of the estate of a deceased individual who was immediately before the individual’s death was a 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 (the Act).

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.