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26 July 2019
Residential park

Amendments to the Residential Parks Act 2007 commenced on 12 August 2019. The legislation aims to strike a balance between protecting the rights of residents and the investment in their homes, and the interests of park owners to support the growth of their parks.

The majority of the changes affect site agreements – where people rent a site but provide their own dwelling – with even greater protections for long-term residents. Residents that have an agreement for more than 5 years, or that have lived in a park for 5 years or more, cannot have their site agreements terminated without specific grounds (e.g. breach of the agreement by the resident).

The amendments recognise the types of dwellings that now exist in residential parks in South Australia and the types of residential park agreements now commonly in place. 

It is also mandatory for each park to have a safety evacuation plan, reviewed at least once a year.

See the factsheet Changes for residential parks for an overview of the new laws.

Register of residential parks

The Commissioner for Consumer Affairs must establish and maintain a register of residential parks in South Australia.  This will include details of each residential park and the contact details of the park owner/operator. 

All park owners must provide their details for inclusion in the register by completing the Register a Residential Park form

Background 

Residential parks legislation was originally designed to address issues arising from people living in caravan parks in moveable, inexpensive structures on rented sites. However, over time the types of housing structures have changed. Some residential parks offer purely long term living in constructed or manufactured homes, while others are a mix of tourist accommodation with dedicated areas for residential living.  The types of dwellings range from caravans with annexes to transportable and manufactured homes.

A discussion paper was released in March 2016 to consult on ways to improve the current laws. Feedback received highlighted concerns around the insecurity of tenure, and the absence of any legal requirement for park owners to disclose certain information or to provide compensation for residents.

Residential Parks Act 2007