Caravan and residential parks Acts: NSW RLLC 2013, Vic Part 4A and Qld MHRP 2003

Statutes governing residential parks

The operation of residential parks in Australia is governed by state and territory legislation. In New South Wales, the Residential (Land Lease) Communities Act 2013 (NSW) provides the framework for residential parks, caravan parks and manufactured home estates. Victoria regulates residents of caravan parks and movable dwellings through Part 4A of the Residential Tenancies Act 1997 (Vic), with this part specifically applying to long-term residents. Unfair contract terms 2026 penalties

Queensland’s Manufactured Homes (Residential Parks) Act 2003 (Qld) (MHRP Act) addresses manufactured home parks where residents own their dwellings but pay site rent. Western Australia has two relevant Acts: the Caravan Parks and Camping Grounds Act 1995 (WA) and the Residential Parks (Long-stay Tenants) Act 2006 (WA).

Tasmania’s Residential Tenancy Act 1997 (Tas) includes provisions relating to caravan parks, categorising them under specific tenancy arrangements.

NSW Residential (Land Lease) Communities Act 2013

The *Residential (Land Lease) Communities Act 2013* governs caravan parks in New South Wales. For the purposes of the Act, a caravan park is defined as land, including a camping ground, on which caravans or other moveable dwellings have been or are to be placed. Residents who own their dwelling but lease the site are covered by this Act, whereas residents renting the dwelling itself are covered by the *Residential Tenancies Act 2010*.

Site agreements are legally required to be in writing, using a prescribed standard form, and must include a disclosure statement. These agreements outline the terms of the resident’s occupancy and the operator’s responsibilities. Residents also benefit from ACL consumer guarantees in relation to the supply of goods and services.

Operators of caravan parks in NSW have specific obligations under the Act, including registering the community with NSW Fair Trading. Site fee increases are also subject to limitations, and residents have the right to challenge these increases at the NSW Civil and Administrative Tribunal (NCAT).

Victoria Part 4A and Queensland MHRP Act

Victoria’s Part 4A of the Residential Tenancies Act 1997 specifically addresses long-term caravan park residents. It outlines site agreements, site rent rules, and pathways for dispute resolution through the Victorian Civil and Administrative Tribunal (VCAT). Both site owners (referred to as ‘site tenants’) and park operators have prescribed obligations relating to rent, maintenance, and the provision of termination notice periods. Operators must not engage in ACL misleading and deceptive conduct (s18, s29) when fulfilling these obligations.

In Queensland, the Manufactured Homes Relocation and Re-establishment Act 2003 (MHRP Act) applies when home owners own the manufactured home but pay site rent to the park owner. This legislation governs the relationship between homeowners and park owners. A key requirement is that Queensland site agreements must include a Site Agreement Disclosure Document.

Disputes arising under the MHRP Act are heard by the Queensland Civil and Administrative Tribunal (QCAT). These disputes can cover a range of issues, including site rent disagreements, market rent reviews, and termination disputes.

Site rent increases, sales and assignments

Site fees or rent increases are regulated differently across states. In New South Wales, site fees can typically be increased only once per year. Home owners have the option to challenge increases they consider excessive at the NSW Civil and Administrative Tribunal (NCAT). Victoria’s legislation, Part 4A, limits site rent increases to once every six months, requiring the operator to provide notice in a specific format. Franchising Code of Conduct 2024 update

Queensland’s Manufactured Homes Relocation and Protection Act 2003 (MHRP) allows for market rent reviews. If a home owner believes an increase is excessive, they can challenge it at the Queensland Civil and Administrative Tribunal (QCAT). Before entering into a new site agreement, park operators in all states are generally required to provide a disclosure statement to prospective home owners.

When a manufactured home is sold, the home owner usually has the right to transfer the site agreement to the new owner. This assignment is subject to the park operator’s consent, which cannot be unreasonably withheld.