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Understanding the site agreement

A site agreement is an agreement between you and the residential park owner that allows you to rent a particular site (land) in a residential park where your manufactured home is positioned.

It also gives you shared use of the park’s common areas and communal facilities.

The site agreement will include:

  • names and contact details of the park owner and home owner
  • the park owner's Australian Business Number or Australian Company Number
  • the residential park name and address, location of the site (land) within the park where the manufactured home is located and its size
  • the number of people allowed to live in the manufactured home at the site
  • the start date for the site agreement
  • details about site rent including how often it will be paid, how to pay, how many people are covered by the rent, and how and when rent may increase, including market rent reviews or by order of the Queensland Civil and Administrative Tribunal (QCAT)
  • costs and billing arrangements for utilities and services i.e. electricity, gas, water, sewerage, telephone, mowing/gardening and other services specific to the park
  • whether pets are allowed and conditions around keeping pets on site
  • standard terms and any special terms of the agreement
  • responsibilities of both home owners and park owners
  • park rules for the residential park
  • terms of any Queensland Civil and Administrative Tribunal (QCAT) order that may be in force about the agreement.

Take your time to check the site agreement and make sure:

  • you are clear about what it means and all details are correct
  • the site where the manufactured home is or will be positioned is correct
  • it includes each party’s name, address, telephone number and email address
  • the site rent  and other charges payable under the agreement, and when and how the home owner will pay them are included
  • it states how and when a park owner can vary the site rent including by order of the Queensland Civil and Administrative Tribunal (QCAT)
  • it states the maximum number of people who can live on the site
  • all parties sign the agreement
  • you have 2 copies of the site agreement with the park rules attached to both.

Special terms

The site agreement might also include special terms to be agreed to by both the park owner and home owner.  These special terms can be very important and should be checked carefully by your solicitor.

Particular types of special terms are prohibited in site agreements. Check the Manufactured Homes (Residential Parks) Regulation 2017 for these terms. It is an offence for a park owner to include a prohibited special term in a site agreement.

While the agreement is in force, the parties can vary the special terms if both parties agree to the change in writing and sign it. If not written and signed, the variations will not be part of the agreement (they will be void).

Either party to a site agreement may make an application to QCAT for an order about a proposed change.

Before signing a site agreement

It is very important that you seek independent legal and financial advice to check the site agreement and any purchase agreement before you sign.
You should also seek legal advice to make sure you understand your rights and responsibilities and those of the park owner under the Manufactured Homes (Residential Parks) Act 2003.

Helpful resources

Last updated:
22 June 2022
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