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Site agreements (owning a movable dwelling, renting the land)
A site agreement is a rental agreement between residents who own their movable dwelling but rent the underlying land (referred to as ‘site tenants’ in the law), and site owners (usually residential park owners) who rent out such sites.
If such a site is located in a caravan park, the laws relating to site tenants and site agreements (rather than those relating to caravan park residents and residency agreements) apply to that site.
The law relating to site agreements applies when a dwelling is:
- fully or partially owned by a site tenant
- designed, built or manufactured to be transported for use as a residence (but not including a dwelling that can be registered with VicRoads, such as a caravan)
- the site tenant’s main home (not a holiday home), and
- in a park on a rented site (not in a park on Crown land).
You are not a site tenant if you:
- rent both the dwelling and the land (this type of agreement is residency in a caravan park)
- only use the site for holidays
- are renting the site under an employment agreement, or
- live in a park on Crown land.
For more information, download:
Before you sign a site agreement
Before you sign a site agreement, the site owner must provide you with certain information and documents required by law. For more information, view our Checklist: signing a site agreement.
We recommend seeking independent legal and/or financial advice before you sign.
For more information to guide you when considering a residential park, view our Residential parks page.
Dwelling purchase agreements
Purchasers of movable dwellings, in some cases, have the right to cancel purchase agreements for those dwellings. This right applies if you (or your agent) purchase the movable dwelling from a:
- site owner
- site owner acting on someone else’s behalf
- site owner’s agent, or
- party related to the site owner (such as a relative or related company).
If you purchase a dwelling from one of the above, you can cancel the purchase agreement if the site owner gives you a related site agreement:
- to consider for 20 days, but you decide not to sign it, or
- which you sign but later decide to cancel using your cooling-off rights.
A related site agreement is an agreement for a site on which the dwelling purchased is currently located, or is intended to be located. If you are given a site agreement to consider for 20 days and decide not to sign it, you can also cancel the dwelling purchase agreement, before the 20 days are over.
If you sign the site agreement and decide to cancel within the five-business-day cooling-off period, you can cancel the purchase agreement at the same time. To cancel a purchase agreement, you must give written notice to the person you bought the dwelling from.
Getting money back when cancelling a purchase agreement
If you cancel the purchase agreement, you are treated as though you never signed it in the first place. You get back any money you paid for the movable dwelling, including the deposit.
If you cannot negotiate the return of your money, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order to get it repaid. However, if you have damaged the dwelling, VCAT can order you to pay compensation to the site owner or related party.
When you cannot cancel a purchase agreement
You cannot cancel a dwelling purchase agreement if you have purchased the dwelling from a current or previous park resident (unless that resident is an agent for, or related to, the site owner).
If you buy a dwelling from a current or previous resident, you should seek independent legal advice on whether you have any other rights relating to the purchase agreement if you do not want to proceed with it.