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Making a residential park agreement

Under the Residential Parks Act 2007 (SA), all residential park agreements must [s 10]:

  • be in writing
  • be clear and precise
  • identify the site precisely
  • be signed by both parties (unless they are for a periodic tenancy following a fixed term tenancy under s 17A or a re-issued agreement under s 17B)
  • include the standard terms and information under the Residential Parks Act 2007 (SA) and Residential Parks Regulations 2022 (SA)
  • include the full details of the park owner (name and address or address of registered office of the company)
  • include the full name and place of occupation of the resident.

The park owner is responsible for complying with these rules and faces an expiation fee of $1,200 or a fine of up to $25,000 for nom-compliance [s 10(5)].

The park owner must provide the resident with a copy of the agreement after it is signed [s 11]. Failure to do so can result in an expiation fee of $2,000 or a fine of up to $35,000.

The park rules are automatically considered part of any residential park agreement and the park owner must ensure that a copy of the rules is included with the residential park agreement [s 12]. Failure to do so can result in an expiation fee of $1,200 or a fine of up to $25,000.

The park owner is responsible for any costs incurred in preparing an agreement [s 13].

Pro-forma residential park agreements are available from the SA Government - Forms and factsheets for residential park tenancies website.

Disputes

A resident may apply to the South Australian Civil and Administrative Tribunal to change or remove a term of a residential park agreement if the term is harsh or unconscionable [Residential Parks Act 2007 (SA) s 45].

Discrimination against residents with children

It is an offence to refuse to enter into a residential park agreement with a person on the basis that it is intended that a child will live on the rented property [s 17]. This is punishable by a fine of up to $25,000.

However, this prohibition does not apply if

  • the park owner or manager lives in the dwelling or adjacent to the dwelling the subject of the residential park agreement, or
  • the park rules limits residency to persons over the age of 50.
Making a residential park agreement  :  Last Revised: Fri Jul 11th 2025
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.