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There are laws that regulate agreements between park owners and the residents who live in caravan parks. These laws cover residents who either rent or own the dwelling they live in. This might be a caravan, camper trailer, motorhome, or moveable dwelling (a relocatable home).
There are different rules for site tenants who rent a part 4A site. These are people who live in a residential park, own a moveable dwelling and rent the site the dwelling is on. A residential park might be a caravan park or lifestyle village. A moveable dwelling might be a pre-fab home or cabin. Read more about Part 4A site agreements in residential parks.
Definition of a park resident
Someone is considered a caravan park resident when they live in a caravan park as their main residence and:
- have written permission from the park owner to live at the park, such as a signed residential agreement
- have lived in the park for at least 60 days without a break and aren’t there for a holiday or other non-residential purposes (for example using it as a workplace).
A person is not a park resident if they are staying in a caravan while on holiday or for other non-residential purposes.
About caravan park agreements
A resident and a caravan park owner can enter into a caravan park agreement. This can be written or verbal.
If a resident wants to have a written agreement, they can apply to the Victorian Civil and Administrative Tribunal (VCAT). VCAT may decide to order the caravan park owner or caravan owner to enter into a written agreement with the resident. Owners cannot require a resident to sign a written agreement.
Caravan park residents can be required to pay a bond.
There are certain things that the park owner is not allowed to include in an agreement. You can see a list of conditions that are not allowed to be included on Residential rental agreements.
Before a caravan park owner and resident enter into an agreement, the owner must tell the resident:
- if the owner of the park is planning to sell it
- if there is any legal action for a mortgagee to take possession of the park
- whether the park owner owns the land
- whether the park or site is in a flood area
- whether the park or site has a history of subsidence
- whether the park is being operated under a lease
- details about the electricity supply.
Before a caravan owner and resident enter into an agreement, the owner must tell the resident if:
- the owner of the caravan is intending to sell it
- there is any legal action for a mortgagee to take possession of the caravan.
Note: These disclosure rules only apply to new agreements signed from 29 March 2021.
Caravan park operator responsibilities
On the day the resident moves in, or before, the park owner must give them:
Forms you might need
If you’re a caravan park owner who is planning to enter into an agreement with a new resident, you must first provide the resident with this form:
Sections of the Act
If you want to know what the law says about caravan park residency, you can read these sections of the Residential Tenancies Act 1997:
- Section 144 – Agreements (caravan parks)
- Section 145 – Caravan park owner to notify prospective resident of rights
- Part 4, Division 5 – General duties of residents, caravan park owners and caravan owners.