Yesterday, the Public Works and Utilities Committee tabled its Report about the Housing Legislation (Building Better Futures) Amendment Bill 2017.
Prior to doing so, the Committee conducted three public hearings and received 96 submissions about the Amendment Bill.
Ultimately, the Committee recommends that the Bill be passed, and the Report contains an additional 17 recommendations about the Bill. As to the proposed amendments to the Manufactured Homes (Residential Parks) Act 2003, those recommendations are as follows:
- Recommendation 2 - The committee recommends that the Minister review the proposed disclosure provisions included in clause 19 of the Housing Legislation (Building Better Futures) Amendment Bill 2017, with a view to considering whether it would be appropriate to amend the waived initial disclosure document period of at least 14 days before entering into the site agreement, to the period of at least 7 days before entering into the site agreement.
- Recommendation 3 - The committee recommends that the Minister consider amending clause 32 of the Housing Legislation (Building Better Futures) Amendment Bill 2017 to reword proposed section 51D(6) of the Manufactured Homes (Residential Parks) Act 2003 to clarify the intent of which costs the seller would be liable to pay.
- Recommendation 4 - The committee recommends that the processes applicable to increasing site rent ensure the transparency of the relevant rent review calculations.
- Recommendation 5 - The committee recommends that the Minister consider amending clause 33 of the Housing Legislation (Building Better Futures) Amendment Bill 2017 to reword proposed section 69E(2) of the Manufactured Homes (Residential Parks) Act 2003, so that it better reflects the intent of the relevant policy, that is, to ensure the independence of the valuer who conducts the market review of the site rent.
- Recommendation 6 - The committee recommends that the Minister report to the House within 12 months of commencement of the amended utility charge provisions included in clause 49 of the Housing Legislation (Building Better Futures) Amendment Bill 2017, about the results of the department’s consideration of concerns raised by stakeholders about the passing on of pensioner rebates from park owners to home owners in residential parks.
- Recommendation 7 - The committee recommends that the Minister ask the Treasurer to consider whether the owners of land upon which mixed use parks are located (as opposed to the owners of land upon which other types of residential accommodation is located) might attract significant and, potentially inequitable land tax liability, particularly in circumstances where park owners seek to redevelop the park.
- Recommendation 8 - The committee recommends that the Minister ask the Treasurer to consider whether the laws determining the land tax liability of owners of land upon which mixed use parks are located should be reviewed.
- Recommendation 9 - The committee recommends that the Minister expand the actions identified in the Queensland Housing Strategy 2017-2020 Action Plan to include reform of land rent arrangements, such as the arrangements that apply in residential parks that include manufactured homes, as part of the planned reform of the Housing Act 2003 and the Residential Tenancies and Rooming Accommodation Act 2008 to create a more contemporary legislative framework.
A copy of the Report can be viewed here.
We will now wait to see when the Bill goes back before the Parliament.
For more information or discussion, please contact Partner Anthony Pitt, or our Real Estate team.