Update: Standard Form Site Agreements for Land Lease Communities and Caravan Parks in Victoria – Be Ready for 1 July 2026
As noted in our previous article on 27 November 2025, the Victorian Parliament have recently made several amendments to the Residential Tenancies Act 1997 (Vic) (the Act) and the Residential Tenancies Regulations 2021 (Vic) (the Regulations) which have a significant impact on caravan park owners, land lease communities and Part 4A Parks in Victoria.
The amendments were passed by the Residential Tenancies and Funerals Amendment Act 2024 (Vic) and the Residential Tenancies Amendment (Housing Statement Reform and Part 4A Site Agreements) Regulations 2025 (Vic).
Many of the amendments are already in effect while many of the changes take effect from 1 July 2026. We provide this update to provide more details on the new obligations for operators of land lease communities and caravan parks.
Standard-Form Site Agreement
The Act and Regulations now prescribe a standard form Site Agreement for all Part 4A Parks or caravan parks with Site Tenants. The standard form Site Agreement must be used for all Site Agreements entered from 1 July 2026 onwards.
Relevantly, the standard form Site Agreement allows operators to insert additional terms or special conditions. However, these terms and conditions must strictly comply with the provisions of the Act.
While the standard form Site Agreement is now available for use, we encourage all operators to seek legal advice with drafting and implementing the standard form Site Agreement to ensure compliance with the Act and the Regulations.
The standard form Site Agreement does not prohibit the charging of Deferred Management Fees (or exit fees) which remain permitted subject to operators disclosing the fees, and charging them, in a manner compliant with the Act.
Notice of Site Fee Increases
Operators must now provide site tenants at least 90 days notice of a non-fixed increase in the site fees for the land lease community or caravan park. This was previously 60 days notice. Operators remain required to provide 28 days notice for fixed increases. The Act and Regulations prescribe different forms for fixed increases and non-fixed increases, and it is important operators implement the correct form. The forms are available on the Consumer Affairs Victoria website.
Additional Disclosure Requirements for new Site Agreements
For Site Agreements entered after 1 July 2026, the Regulations have been updated to provide additional details to be included in the mandatory ‘Notice to Prospective Site Tenant’ disclosure form. This form is available on the Consumer Affairs website but is yet to be updated to reflect the amendments to the Act. If the form is not updated prior to 1 July 2026, operators should still ensure they comply with the new requirements.
The new disclosure requirements of the Act and Regulations include the following:
- Providing further details regarding the basis of rent and rent increases;
- Providing further details regarding all fees, charges and utilities arrangements including deferred management fees and selling agent fees; and
- Providing further details regarding operational matters including services and facilities of the community, park rules and other matters.
For caravan park operators, we note that the changes outlined in this article only apply to site tenants in caravan parks and do not apply to caravan park residents.
This article should not be considered a comprehensive summary of the changes to the Act and the Regulations and operators should seek legal advice in complying with the new requirements.
We have commenced the process of implementing new Site Agreements with many operators and should you require assistance with this process, please contact our office on 0493 451 143 or email admin@pinnacleparks.com.au.
Article authored by Cameron Findlay, Managing Principal of Pinnacle Parks Legal
Annual Holiday Sites can provide a good low-maintenance income stream for Victorian caravan park operators when managed effectively. However, it’s critical to have efficient processes in place to limit significant debts accruing.
Annual Holiday Site Holders (Annuals) typically own a movable dwelling, such as a UMD or caravan, located on a designated caravan park site on a temporary 12-month basis.
We recommend that Victorian operators use the CRPVic Annual Holiday Site Agreement template which is only available to members of the Association. The Agreement provides operators with a robust document that clearly sets out the terms of the agreement. It allows Annuals to use the designated site for holiday purposes only and limits the number of days they can stay in any 12-month period, typically up to 180 days.
Issue an Agreement Every Year
It is critical to issue a new Annual Agreement every year to ensure a current Agreement remains in place and an Annual does not inadvertently accrue other rights to use the site. Most operators align their Annual Agreements with the financial year.
We recommend the following process:
- Determine which Annuals will (and will not) be offered new Annual Agreements.
- Communicate to Annuals whether they will be offered a new Agreement or not. Although no notice period is required, we recommend completing this step shortly after Easter. This allows occupants not being offered Agreements
the opportunity to remove their dwelling by the Agreement expiry date. When offering a new Annual Agreement, it’s best practice to require the following within 14 days of the Agreement being provided:- The Annual signs and returns the Agreement; and
- Pays their Site Fees in advance (eg, first month, quarter or half year depending on your trading
terms).
- If the Annual does not sign and return the Agreement or pay the Site Fees in advance, we recommend a reminder is sent at least 14 days prior to the
commencement of the Agreement stating that:- The Annual must return the Agreement immediately;
and - Must pay their Site Fees in advance immediately.
- The Annual must return the Agreement immediately;
- If the Annual does not comply with Step Three within 7 days, you may withdraw the Annual Agreement offer.
- Where the Agreement expires without a new Agreement being entered, the Annual’s Dwelling may be treated as uncollected or abandoned goods as per provisions of the Agreement and the Australian Consumer Law and Fair Trading Act 2012 (Vic).
It’s our experience that operators reduce the likelihood of accruing significant debts with their Annuals if the above process is followed. It also ensures each Annual has a current signed Agreement.
Operators who require advice regarding the process for disposal of uncollected or abandoned goods may contact our office for advice.
What if an Annual fails to pay fees?
Operators whose Annuals pay monthly, quarterly or half-yearly can also encounter difficulties if Annuals do not pay on time. We strongly recommend relying on the terms of the Annual Agreement when this occurs and we recommend the following process:
- If not paid one week prior to the due date – send a courtesy reminder to remind them of the due date of their Site Fees.
- If not paid by the due date – send a payment reminder within 5 business days of the due date requesting that the Annuals pay within 7 days.
- If they fail to comply with Step 2 – prepare and serve a Default Notice in accordance with the Annual Agreement. This does not have to be in a specific form but should clearly outline the amount owed, enclose a statement of account and request that the Annual complies within 7 days. The Default Notice should be served by email and registered post.
- If the Annual fails to comply with the Default Notice – write to confirm that their Agreement has been terminated and they may only attend the caravan park to pay all outstanding fees and remove the dwelling from the Site. When the Agreement has been terminated, the Annual’s Dwelling may be treated as uncollected or abandoned goods as per the provisions of the Agreement and the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Following the above process does not guarantee that Annuals will pay their Site Fees but avoids debts accruing. We also recommend having template emails and letters to apply the above processes with Annuals. This simplifies the process and ensures a consistent approach.
This article only applies to Annual Holiday Site Holders in Victoria and does not apply to residents or site tenants in caravan parks under the Residential Tenancies Act 1997 (Vic).
If you need assistance in implementing the above process or handling disputes with Annuals, contact our office on 0493 451 143 or email admin@pinnacleparks.com.au.
Article authored by Cameron Findlay, Managing Principal of Pinnacle Parks Legal