{"id":"nsw:sl-2015-0448","name":"Residential (Land Lease) Communities Regulation 2015","slug":"residential-land-lease-communities-regulation-2015","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"448 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177676,"registerId":"nsw-nsw:sl-2015-0448-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Residential (Land Lease) Communities Regulation 2015](/view/html/inforce/current/sl-2015-0448).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the commencement of the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Publication of particulars of enforcement and disciplinary action","content":"#### 4 Publication of particulars of enforcement and disciplinary action\n\n4 Publication of particulars of enforcement and disciplinary action\n\n> > (1) For the purposes of section 19 (1) (c) of the Act, any of the following particulars, in respect of a community or its operator, that are contained in the Register are authorised to be included for publication on the internet—\n> > \n> > > (a) the following particulars in relation to a person who has been convicted by a court of an offence under the Act or this Regulation—\n> > > \n> > > > (i) the name of the person,\n> > > \n> > > > (ii) whether or not the person, at the time of the offence, is or was the operator or a member of staff of the community,\n> > > \n> > > > (iii) a description of the nature and circumstances of the offence, the decision of the court and the penalty imposed,\n> > \n> > > (b) the following particulars in relation to a person who is or was an operator of the community against whom disciplinary action has been taken under Division 3 of Part 13 of the Act—\n> > > \n> > > > (i) the name of the person,\n> > > \n> > > > (ii) a description of the grounds on which the disciplinary action was taken,\n> > > \n> > > > (iii) a description of the disciplinary action taken.\n> \n> > (2) Particulars relating to an offence are not to be included for publication on the internet until after the last day on which an appeal may be made against the conviction.\n> \n> > (3) If an appeal is made against the conviction, the particulars are not to be included for publication on the internet unless a final order has been made on appeal confirming the conviction.\n> \n> > (4) Particulars relating to disciplinary action are not to be included for publication on the internet until after the later of the following dates—\n> > \n> > > (a) the date on which any application may be made for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the Commissioner’s decision in respect of the disciplinary action,\n> > \n> > > (b) the date on which any proceedings for judicial review in respect of that decision may be commenced.\n> \n> > (5) If an application for an administrative review is made, or proceedings for judicial review are commenced, the particulars are not to be included unless the disciplinary action is in accordance with a final decision consequent on the review.\n> \n> > (6) Particulars that are authorised by this clause to be included for publication on the internet are to be removed from the information published on the internet as soon as practicable after the Commissioner becomes aware that—\n> > \n> > > (a) in the case of particulars relating to an offence—\n> > > \n> > > > (i) the conviction has been quashed or annulled, or\n> > > \n> > > > (ii) an appeal has been made against the conviction, or\n> > \n> > > (b) in the case of particulars relating to disciplinary action—\n> > > \n> > > > (i) the decision in respect of the disciplinary action has been set aside or quashed, or\n> > > \n> > > > (ii) an application for an administrative review has been made, or proceedings for judicial review have been commenced, in respect of the decision.\n> \n> > (7) Without limiting subclause (6), particulars that are authorised by this clause to be included for publication on the internet are to be removed from the information published on the internet as soon as practicable after a period of 5 years has elapsed since they were first published on the internet.\n> \n> > (8) In a case where particulars relating to an offence are removed from the information published on the internet because an appeal is made against a conviction for the offence, the Commissioner may arrange for those particulars to be republished on the internet if satisfied that any such appeal was unsuccessful.\n> \n> > (9) In a case where particulars relating to disciplinary action are removed from the information published on the internet because an application for administrative review is made, or proceedings for judicial review are commenced, the Commissioner may arrange for those particulars to be republished on the internet if satisfied that any such application or proceedings were unsuccessful and that the decision is final.\n> \n> > (10) For the purposes of this clause, an order under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in relation to an offence is taken to be a conviction for an offence.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Publication of information about residents committee","content":"#### 5 Publication of information about residents committee\n\n5 Publication of information about residents committee\n\n> For the purposes of section 19 (1) (d) of the Act, the Commissioner is to arrange for information contained in the Register about whether a Community has a residents committee to be published on the internet for public access.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Standard form of site agreement","content":"#### 6 Standard form of site agreement\n\n6 Standard form of site agreement\n\n> The standard form of site agreement is the form set out in Schedule 1.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Form of site condition report","content":"#### 7 Form of site condition report\n\n7 Form of site condition report\n\n> > (1) A site condition report, in the form set out in Schedule 2, must be—\n> > \n> > > (a) completed by the parties to a site agreement at or before the time the agreement is given to the home owner for signing, and\n> > \n> > > (b) annexed to the agreement.\n> \n> > (2) The parties are not required to complete and annex a further condition report to any site agreement that replaces another site agreement between the parties in relation to the same residential site.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Prohibited terms of site agreement","content":"#### 8 Prohibited terms of site agreement\n\n8 Prohibited terms of site agreement\n\n> > (1) The following types of terms are prohibited in a site agreement—\n> > \n> > > (a) a term for, or with respect to, the indemnification of the operator or owner of the community against any liability (including vicarious liability) of the operator or owner for damage, loss or injury arising from an act or omission of the operator or owner (or the operator’s or owner’s employees or agents) in relation to the occupation or use of the residential site,\n> > \n> > > (b) a term requiring the home owner who is a party to the agreement to take out any form of insurance, other than a term permitted by subclause (2),\n> > \n> > > (c) a term providing that, if the home owner breaches the agreement, the home owner is liable to pay—\n> > > \n> > > > (i) an increased amount of site fees (or other charges payable by the home owner under the agreement), or\n> > > \n> > > > (ii) any amount as a penalty, or\n> > > \n> > > > (iii) any amount as liquidated damages,\n> > \n> > > (d) a term providing that, if the home owner does not breach the site agreement—\n> > > \n> > > > (i) site fees (or other charges payable by the home owner under the agreement) are or may be reduced, or\n> > > \n> > > > (ii) the home owner is to be or may be paid a rebate of site fees (or other charges payable by the home owner under the agreement) or other benefit.\n> \n> > (2) For the purposes of subclause (1) (b), a term requiring a home to be insured is permitted in a site agreement if—\n> > \n> > > (a) the site agreement provides for a voluntary sharing arrangement only of a kind referred to in section 110 (2) (c) of the Act, and\n> > \n> > > (b) the term requires the operator to share the cost of the insurance with the home owner in the same proportion as the capital gain is shared, or as the on-site premium is calculated in relation to the total sale price, as the case requires.\n> \n> > (3) A reference in this clause to a home owner includes a reference to a prospective home owner.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Retaliatory conduct","content":"#### 9 Retaliatory conduct\n\n9 Retaliatory conduct\n\n> For the purposes of paragraph (c) of the definition of retaliatory conduct in section 56 (3) of the Act, the withdrawal or withholding of a service or use of a facility (whether or not provided for in a site agreement) is prescribed.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Sewerage charges payable by home owner","content":"#### 10 Sewerage charges payable by home owner\n\n10 Sewerage charges payable by home owner\n\n> > (1) This clause applies to residential sites—\n> > \n> > > (a) at which water and sewerage services are provided to the operator by a water supply authority, and\n> > \n> > > (b) at which water use is separately measured or metered but at which sewerage use is not separately measured or metered,\n> > \n> > but only where—\n> > \n> > > (c) the water supply authority charges for water and sewerage services separately, and\n> > \n> > > (d) the water supply authority specifies a sewerage discharge factor to calculate the sewerage use (however described) either in the bill or in another reasonably accessible way.\n> \n> > (2) If, for a particular period, the operator of a community has paid or is liable to pay the charges levied by the water supply authority for sewerage services in respect of residential sites to which this clause applies, those sites are exempt from the operation of section 77 (2) (a) of the Act, subject to the condition set out in subclause (3).\n> \n> > (3) The condition is that the operator—\n> > \n> > > (a) may only charge the home owner of a residential site to which this clause applies an amount for sewerage use calculated by multiplying the volume of water used during the particular period as indicated by the water meter reading for the residential site by the relevant discharge factor, and\n> > \n> > > (b) must not require payment of an amount for sewerage use in respect of the period concerned that is not calculated in accordance with paragraph (a).","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Determination and publication of comparable market offers—the Act, section 77(5) and (7)(d)","content":"#### 10A Determination and publication of comparable market offers—the Act, section 77(5) and (7)(d)\n\n10A Determination and publication of comparable market offers—the Act, section 77(5) and (7)(d)\n\n> > (1) The Independent Pricing and Regulatory Tribunal must determine the median retail market offer for residential customers (the median retail offer) for each distribution district at least once every 12 months.\n> \n> > (2) As soon as practicable after determining the median retail offer for each distribution district, the Independent Pricing and Regulatory Tribunal must give the Commissioner written notice of the following—\n> > \n> > > (a) the median retail offer for each distribution district,\n> > \n> > > (b) the date from which the determination takes effect.\n> \n> > (3) As soon as practicable after receiving written notice under subclause (2), the Commissioner must publish the following information on a publicly available website—\n> > \n> > > (a) the median retail offer for each distribution district,\n> > \n> > > (b) the date from which the determination takes effect.\n> \n> **cl 10A:** Ins 2024 No 46, Sch 2\\[1\\].","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Maximum service availability charge generally","content":"#### 11 Maximum service availability charge generally\n\n11 Maximum service availability charge generally\n\n> > (1) The maximum service availability charge payable, in respect of any period, by a home owner to the operator for the provision of a utility (other than electricity) at a residential site is the service availability charge for the period billed to the operator by the utility service provider for the provision of the utility to the community in which the residential site is located divided by the number of residential places in the area of the community.\n> \n> > (2) In this clause, residential places in the area of the community means all the following sites which are located in that area and in relation to which the operator is billed—\n> > \n> > > (a) residential sites as defined in the Act,\n> > \n> > > (b) other sites (if any) connected to the relevant utility which—\n> > > \n> > > > (i) are used or are ordinarily used for accommodation, or are intended to be used for accommodation, or\n> > > \n> > > > (ii) are, or ordinarily are, or are intended to be, the subject of any arrangements referred to in section 7 of the Act.\n> \n> **cl 11:** Am 2016 (615), Sch 1 \\[1\\]; 2024 No 46, Sch 2\\[2\\].","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Maximum service availability charge—water and sewerage","content":"#### 12 Maximum service availability charge—water and sewerage\n\n12 Maximum service availability charge—water and sewerage\n\n> Despite clause 11, the service availability charges payable by a home owner to an operator of a community for both water and sewerage must not exceed $50 in total for all those service availability charges payable by the home owner in any calendar year.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Requesting or receiving payment that is more than maximum utility charge","content":"#### 13 Requesting or receiving payment that is more than maximum utility charge\n\n13 Requesting or receiving payment that is more than maximum utility charge\n\n> > (1) For the Act, section 77(7)(b), the operator of a community or a third party supplier for a community must not request that a home owner or tenant pay, or receive payment from a home owner or tenant for, a daily supply charge that is more than the daily supply charge referred to in the Act, section 77(4).\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) The operator of a community must not request that a home owner pay, or receive payment from a home owner for, a service availability charge for a service that is more than the maximum service availability charge prescribed for the service under clause 11 or 12.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> **cl 13:** Subst 2016 (615), Sch 1 \\[2\\];2024 No 46, Sch 2\\[3\\].","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Discounted daily supply charges for electricity","content":"#### 14 Discounted daily supply charges for electricity\n\n14 Discounted daily supply charges for electricity\n\n> For the Act, section 77(7)(c), if less than 60 amps of electricity is normally supplied to a residential site, the following discount must be applied to the daily supply charges payable by the home owner or tenant for the supply of electricity—\n> \n> > (a) if less than 30 amps is supplied—a 60% discount,\n> \n> > (b) if at least 30 amps but not more than 60 amps is supplied—a 30% discount.\n> \n> **cl 14:** Subst 2024 No 46, Sch 2\\[4\\].","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Cases where a residential site has 2 or more home owners","content":"#### 15 Cases where a residential site has 2 or more home owners\n\n15 Cases where a residential site has 2 or more home owners\n\n> > (1) The purpose of this clause is to ensure that regard is to be had to only one home owner for each residential site for the particular purposes mentioned in subclause (2).\n> \n> > (2) This clause applies for the purposes of the following matters, in cases where there is more than one home owner for a particular residential site—\n> > \n> > > (a) determining the percentage of home owners—in connection with a resolution under section 50 (3) of the Act that is to be passed by a certain percentage of home owners in relation to a special levy,\n> > \n> > > (b) determining the percentage of home owners—in connection with an application under section 69 (2) of the Act for mediation that is to be signed by a certain percentage of home owners.\n> \n> > (3) All but one of 2 or more home owners for such a site are excluded from the definition of home owner in section 4 (1) of the Act for those purposes only.\n> \n> Note.\n> \n> The definition of home owner authorises the exclusion by the regulations of persons or classes of persons from the definition.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Applications to Tribunal","content":"#### 16 Applications to Tribunal\n\n16 Applications to Tribunal\n\n> For the purposes of section 156 (2) of the Act, an application to the Tribunal under a provision referred to in Column 1 of Schedule 3 must be made within the period specified opposite in Column 2.","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Penalty notice offences and penalties","content":"#### 17 Penalty notice offences and penalties\n\n17 Penalty notice offences and penalties\n\n> > (1) For the purposes of section 177 of the Act—\n> > \n> > > (a) each offence created by a provision specified in Column 1 of Schedule 4 is an offence for which a penalty notice may be served, and\n> > \n> > > (b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of that Schedule.\n> \n> > (2) If the reference to a provision in Column 1 of Schedule 4 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.","sortOrder":17},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Standard form of residential site agreement","content":"# Schedule 1 Standard form of residential site agreement\n\nSchedule 1 Standard form of residential site agreement\n\n(Clause 6)\n\nStandard form residential site agreement\n\n[Residential (Land Lease) Communities Regulation 2015](/view/html/inforce/current/sl-2015-0448), Schedule 1\n\nImportant information\n\n> 1 This site agreement applies to a site in a residential community that is to be used as a residence by a home owner. Do not use this agreement for homes owned by long-term casual occupants or homes owned by the operator that are to be let to tenants.\n\n> 2 You have the right to be given time to read this agreement and to obtain independent legal, financial or other advice before signing it.\n\n> 3 This is a residential community, not a retirement village, and this site agreement is regulated by the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097).\n\n> 4 Occupation of the residential site is a leasehold right only. This agreement may, in limited circumstances set out in the Act, be terminated.\n\n> 5 If this agreement specifies a fixed term, your lease does not expire when that fixed term ends and you may continue to live at the residential site until this agreement is terminated in accordance with the Act.\n\n> 6 The Act gives you a 14-day cooling-off period from when you enter into this site agreement during which time you may rescind the agreement for any reason without penalty or compensation being payable to any person. See the standard terms of this agreement for further details.\n\n> 7 You should make sure that the details contained in the disclosure statement are the same as in this agreement, where relevant.\n\n> 8 You are entitled to receive a copy of this agreement free of charge, once it has been signed by both parties.\n\n> 9 Information about your rights and responsibilities under this agreement or the Act is available at www.fairtrading.nsw.gov.au or by calling NSW Fair Trading on 13 32 20.\n\nDetails of the parties\n\nOperator name/s—\n\nOperator contact phone number/s—\n\nTrading name and address of residential community—\n\nAddress for service of documents to operator (if different from community address)—\n\nEmail address of operator (if any)—\n\nDoes the operator accept notices via email? □ Yes □ No\n\nRegistered office address (if the operator is a company)—\n\nName of owner/s of the community (if different from operator)—\n\nHome owner name (1)—\n\nHome owner name (2)—\n\nHome owner contact phone number—\n\nSite number: Site dimensions (attach plan if necessary)—\n\nAddress for service of documents to home owner/s (if different from site address)—\n\nEmail address of home owner/s (if any)—\n\nDoes the home owner accept notices via email? □ Yes □ No\n\nSite fees\n\nYour site fees are: $ or % of the age pension\n\nPayable: □ Weekly □ Fortnightly □ Monthly Starting on: / /\n\nYour site fees must be paid using any of the following methods (tick all those available)—\n\n> □ by cash/cheque/EFTPOS/credit card to the office located on-site (cross out any method that is not available)\n\n> □ by deposit/transfer into the following account—\n> \n> | BSB— | Account number— |\n> | Account name— | Payment reference— |\n\n> □ by direct debit\n\n> □ Centrepay\n\n> □ BPAY Biller Code: Payment reference—\n\n> □ other (specify)—\n\nSite fee increases\n\nWe may increase your site fees as follows (*select only ONE option*)—\n\n| □ Fixed method— | □ Notice (non-fixed) method— |\n| Your site fees will be increased (select only ONE option)—□ in proportion to variations in the CPI□ by $□ by %□ by % of the increase to the single / couple (cross out whichever is not applicable) age pension, each time the pension increasesNote—If your site fee increases are linked to increases in the age pension, your site fees will increase ONLY by the percentage of the age pension increase specified above.□ other (specify)Note—The methods listed above are negotiable.The first increase will be on: / /For any method other than increases linked to the age pension, after the first increase, increases will occur every: months / years (cross out whichever is not applicable)Note—For fixed method increases other than increases linked to the age pension, your site fees will not increase more than once in a 12-month period. Increases linked to the age pension will not increase more than twice in a 12-month period.We are required to give you at least 14 days’ written notice of any increase using this method.This fixed method will apply for (select only ONE option)—□ the duration of your occupancy□ years—after which the “Notice (non-fixed) method” will apply, unless another fixed method or a new site agreement is agreed between you and us. | We may propose an increase to your site fees from time to time (no more than once in any 12-month period).We are required to give you, and all other home owners not on fixed method increases, at least 60 days’ written notice of the proposed increase with an explanation for the increase.We may cancel or reduce the proposed increase by a later notice that takes effect on the same day as the original notice.If 25% or more of affected home owners oppose the proposed increase the dispute will go to compulsory mediation and, if that fails, to the Tribunal to decide what the site fees should be. |\n\nTerm of agreement\n\nYour right under this agreement to occupy the residential site continues until this agreement is terminated in accordance with the Act, whether or not the fixed term period specified below (if any) has expired.\n\nFixed term (if any): years\n\nNote—\n\nIf a fixed term is specified it must be for more than 3 years.\n\nStarting on: and ending on—\n\nStandard terms\n\nRight to occupy the residential site\n\n> 1. We grant you the right to occupy the residential site specified in this agreement.\n\n> 2. Your right to occupy begins on the day your site fees are first due, or as otherwise agreed between you and us.\n\n> 3. We agree—\n> \n> > 3.1 to ensure that the residential site is in a reasonable condition and fit for habitation, so that you can move in on the date agreed, and\n> \n> > 3.2 to take all reasonable steps to ensure that, at the time of signing this agreement, there is no legal reason why the residential site cannot be used as a residence.\n\nCooling-off period\n\n> 4. We agree that—\n> \n> > 4.1 you are entitled to rescind this agreement by serving on us notice in writing to that effect within 14 days of signing this agreement (the cooling-off period), subject to clause 5 of this agreement, and\n> \n> > 4.2 on service of notice of rescission, this agreement is taken to be rescinded from the commencement of the agreement, and\n> \n> > 4.3 you are entitled to rescind any collateral agreement between you and us, such as a contract for sale of a home, within the cooling-off period.\n\n> 5. You agree that your right to rescind this agreement within the cooling-off period ends if you start to reside in a home located on the residential site, or cause a home to be placed, installed or erected on the residential site, before the end of the cooling-off period.\n\nSite fees\n\n> 6. You agree to pay—\n> \n> > 6.1 your site fees on time and in advance, and\n> \n> > 6.2 any increase in site fees in accordance with this agreement and the Act, from the due date.\n\n> 7. We agree—\n> \n> > 7.1 to provide you with at least one means of paying your site fees for which you do not incur a cost (other than bank fees or other account fees usually payable by you for your transactions) and that is reasonably available to you, and\n> \n> > 7.2 not to require you to pay more than 2 weeks’ site fees in advance or to pay site fees (other than the first payment) for a period of this agreement before the end of the previous period for which site fees have been paid, and\n> \n> > 7.3 not to use site fees paid by you to cover utilities or any other amount payable by you other than site fees, and\n> \n> > 7.4 to give you a receipt without delay for site fees paid in person or to give you a receipt at your request for site fees not paid in person, and\n> \n> > 7.5 not to increase your site fees otherwise than in accordance with this agreement and the Act.\n\nUtilities\n\nWhere we are the supplier or re-supplier of a utility to your residential site, clauses 8–10 apply.\n\n> 8. You agree to pay to us utility charges in connection with the site where either or both of the following apply—\n> \n> > 8.1 your use of a utility (other than for sewerage) is separately measured or metered,\n> \n> > 8.2 a charge for your use of a utility for sewerage is calculated in accordance with the regulations.\n\n> 9. We agree—\n> \n> > 9.1 to give you an itemised account of utility charges due and payable and allow you at least 21 days to pay the charges, and\n> \n> > 9.2 to discount the daily supply charge payable by you for electricity if less than 60 amps are supplied to the residential site, in accordance with the regulations, and\n> \n> > 9.3 to comply with all obligations placed on us under the Retail Exempt Selling Guideline of the Australian Energy Regulator, and\n> \n> > 9.4 to comply with our obligations in relation to billing for utilities under the Act, sections 83 and 84.\n> \n> > 9.5 (Repealed)\n\n> 10. We agree not to charge you any of the following—\n> \n> > 10.1 an amount for the use of a utility other than electricity that is more than the amount charged by the relevant utility service provider for the quantity of the service supplied to, or used at, the residential site,\n> \n> > 10.2 a service availability charge that is more than would be charged by the relevant utility service provider, if the service was supplied directly to you by the relevant utility service provider, divided by the number of sites in the community (subject to clause 10.3 of this agreement),\n> \n> > 10.3 an amount more than $50 in total each calendar year for both water and sewerage service availability.\n> \n> > 10.3A subject to clause 9.2 of this agreement—a daily supply charge, or usage charge per kWh, for the use of electricity that is more than, respectively, the daily supply charge, or usage charge per kWh, that would be payable under the community’s comparable market offer.\n\nPayment of other charges\n\n> 11. We agree to pay—\n> \n> > 11.1 all rates, taxes and other charges payable by us or the owner of the community, and\n> \n> > 11.2 the cost of installing any measuring devices or meters to measure the use of utilities.\n\n> 12. You agree to pay—\n> \n> > 12.1 a refundable deposit of $ (maximum $25) for a key or any opening device issued to you to access the community, and\n> \n> > 12.2 the cost of registering or recording this agreement under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), where this agreement has a fixed term of more than 3 years, and\n> \n> > 12.3 any other fees, charges and deposits required to be paid by you by the Act or the regulations.\n\nQuiet enjoyment\n\n> 13. We agree that we will not unreasonably restrict or interfere with, or permit any unreasonable restriction or interference with, your privacy, peace and quiet, or proper use and enjoyment of the residential site and the community’s common areas.\n\n> 14. You agree not to interfere with, and to ensure as far as practicable that other occupants living with you, or your guests, do not interfere with, the reasonable peace, comfort or privacy of the community’s residents.\n\nUse of residential site and common areas\n\n> 15. You agree—\n> \n> > 15.1 to use the residential site only as a place of residence, except so far as we consent to its use for another, or an additional, purpose, and\n> \n> > 15.2 to use the community’s common areas only for a purpose associated with your use of the residential site, and\n> \n> > 15.3 not to use, or allow other occupants living with you, or your guests, to use, the residential site or the community’s common areas for an illegal purpose.\n\nAccess to residential site\n\n> 16. We agree, while this agreement is in force, to only enter the residential site in the following circumstances—\n> \n> > 16.1 with your consent, so long as that consent is given at the time of entry or no more than 14 days before entry,\n> \n> > 16.2 in an emergency, so long as entry is needed to avert danger to life or valuable property,\n> \n> > 16.3 in a case where electricity, water or gas is supplied to you by us—to inspect, read, service, repair or replace any electricity, water or gas meter located on the residential site,\n> \n> > 16.4 to comply with an obligation under the Act or other legislation, so long as (subject to the legislation concerned) at least 2 days’ notice has been given to you,\n> \n> > 16.5 for the purpose of lawn or grounds maintenance, so long as you agree and entry is made at a reasonable time and on a reasonable number of occasions,\n> \n> > 16.6 in accordance with an order of the Tribunal.\n\n> 16A. We agree, while this agreement is in force, to only enter your home in the following circumstances—\n> \n> > 16A.1 with your consent given at the time of entry,\n> \n> > 16A.2 in an emergency if necessary to avert danger to life,\n> \n> > 16A.3 to comply with an obligation under another Act or law,\n> \n> > 16A.4 in accordance with an order of the Tribunal.\n\n> 17. We agree when exercising a right of entry—\n> \n> > 17.1 not to act in an unreasonably intrusive manner, and\n> \n> > 17.2 not to enter a part of the residential site or home to which entry is not reasonably required for the purpose for which the right of entry is being exercised, unless we have your consent, and\n> \n> > 17.3 not to remain on the residential site or in your home longer than is reasonably necessary for the purpose for which the right of entry is being exercised, unless we have your consent.\n\nAccess to the residential community\n\n> 18. We agree to take all reasonable steps to ensure that—\n> \n> > 18.1 you always have access to the residential site and reasonable access to the community’s common areas, and\n> \n> > 18.2 we are, or a representative of us is, available to be contacted at reasonable times, having regard to all the circumstances, including the utilities supplied by us, and\n> \n> > 18.3 tradespersons and service providers have access to your home to provide goods and services arranged by you, and\n> \n> > 18.4 emergency and home care service personnel have unimpeded vehicular access to your home at all times, and\n> \n> > 18.5 the roads and residential sites in the community are signposted, or a map is placed at each entry to the community, in a way that provides adequate information to enable emergency and home care personnel to locate your home.\n\nMaintenance of residential site and common areas\n\n> 19. You agree—\n> \n> > 19.1 to maintain (subject to fair wear and tear) the home located on the residential site in a reasonable state of cleanliness and repair, and so as to be fit to live in, and\n> \n> > 19.2 to keep the residential site tidy and free of rubbish, and\n> \n> > 19.3 not to intentionally or recklessly damage or destroy, or allow other occupants living with you, or your guests, to intentionally or recklessly damage or destroy, the community’s common areas, and\n> \n> > 19.4 to notify us as soon as practicable of any damage to the residential site or any damage to the community’s common areas caused or permitted by you, other occupants living with you, or your guests, and\n> \n> > 19.5 not to plant a tree, or authorise a tree to be planted, in the community without our consent.\n\n> 20. We agree—\n> \n> > 20.1 to ensure that the community is reasonably safe and secure, and\n> \n> > 20.2 not to intentionally or recklessly damage or destroy any of your property, or property of other occupants living with you, or of your guests, and\n> \n> > 20.3 to ensure, to the extent within our control, the continuity of supply of utilities to the residential site, and\n> \n> > 20.4 to maintain the community’s common areas in a reasonable state of cleanliness and repair, and so as to be fit for use by you, and\n> \n> > 20.5 to take reasonable steps to keep the community’s common areas reasonably free of noxious weeds and vermin, and\n> \n> > 20.6 to ensure that all trees in the community are properly maintained and take reasonable action if you or another home owner report that a tree has caused or is likely to cause injury to a person or damage to property.\n\nAlterations and additions\n\n> 21. Unless we give our written consent or unless this agreement otherwise provides, you agree—\n> \n> > 21.1 not to make any alterations to the exterior of the home, other than—\n> > \n> > > 21.1.1 painting, or\n> > \n> > > 21.1.2 minor repairs, or\n> > \n> > > 21.1.3 installing door screens, or window locks, screens or shutters, on the home, or\n> > \n> > > 21.1.4 minor alterations and additions prescribed by the regulations, and\n> \n> > 21.2 not to add a fixture to the residential site, and\n> \n> > 21.3 not to replace your home with another home.\n\n> 21A. You agree to only alter, add to or replace your home if the alteration, addition or replacement does not contravene—\n> \n> > 21A.1 the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and the regulations made under that Act, or\n> \n> > 21A.2 the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and the regulations made under that Act, or\n> \n> > 21A.3 an approval, consent or certificate under an Act or law referred to in clauses 21A.1 and 21A.2.\n\n> 22. We agree not to unreasonably withhold or refuse consent for any request to do any of the things set out in clauses 21.1–21.3 but we reserve the right to give consent with reasonable conditions.\n\nSub-letting\n\n> 23. We agree that you may, with our written consent, enter into a tenancy agreement for, or otherwise sub-let, your home.\n\n> 24. We agree not to unreasonably withhold or refuse consent for any request to enter into a tenancy agreement for, or otherwise sub-let, your home, so long as any such agreement is proposed to be entered into or granted once only during any 3-year period in which the site agreement has effect and is for a term of 12 months or less.\n\nServices and facilities\n\n> 25. We agree—\n> \n> > 25.1 to maintain all services and facilities required by the development consent for the community to be available for the life of the community, and\n> \n> > 25.2 to give you or the residents committee (if there is one) 30 days’ notice if we propose to remove or substantially restrict a facility or service required by the development consent or otherwise available for the community or if we propose to provide a new facility or service for the community.\n\nSale of home\n\n> 26. We agree—\n> \n> > 26.1 to allow you to sell your home while it is located on the residential site, and\n> \n> > 26.2 to allow you to display a “for sale” sign in or on your home, provided you notify us of your intention to offer the home for sale, and\n> \n> > 26.3 not to cause or permit interference with, or any attempt to interfere with, your right to sell your home or your right to display a “for sale” sign in or on your home, and\n> \n> > 26.4 to enter into a new site agreement with the purchaser of your home, unless we have a reasonable excuse not to (for example, if we and the purchaser do not agree on the terms of the proposed agreement), and\n> \n> > 26.5 not to unreasonably delay, or refuse to enter into, a new site agreement with the purchaser.\n\n> 27. You agree—\n> \n> > 27.1 to give us notice of your intention to offer your home for sale before offering it for sale, and\n> \n> > 27.2 to only display a “for sale” sign in or on your home and not anywhere else in the community unless we consent, and\n> \n> > 27.3 to ensure that a genuine purchaser of your home is advised to contact us about the proposed sale before a contract for the sale of the home is entered into.\n\nGeneral obligations\n\n> 28. We agree—\n> \n> > 28.1 to establish and maintain reasonably accessible and reasonably secure mail facilities, and\n> \n> > 28.2 not to access or interfere with your individual mail facilities, except with your consent, and\n> \n> > 28.3 to have in place emergency evacuation procedures and to—\n> > \n> > > 28.3.1 take reasonable steps to ensure that you are aware of these procedures, and\n> > \n> > > 28.3.2 test the procedures at least once per year, and\n> > \n> > > 28.3.3 keep a record of the tests conducted, and\n> \n> > 28.4 to comply with all legislative obligations relating to the community, including but not limited to any regulations under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\n> 29. You agree—\n> \n> > 29.1 to respect our right to work in an environment free from harassment or intimidation, and\n> \n> > 29.2 not to act in a manner that adversely affects the health and safety of persons working in the community, and\n> \n> > 29.3 to notify us before the residential site is to be left unoccupied for more than 30 days or, if you are not able to give notice before leaving the residential site, as soon as is reasonably practicable after leaving it.\n\nChange in operator details\n\n> 30. If our name or address changes, we agree to give you a notice stating the new name or address within 14 days after the change.\n\nDefinitions, interpretation and operation of this agreement\n\n> 31. In this agreement—\n> \n> age pension means the age pension payment made under the [Social Security Act 1991](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> comparable market offer, in relation to a community, means the median retail market offer for residential customers, determined by the Independent Pricing and Regulatory Tribunal under the Act, section 77(5), for the distribution district of the community’s distribution network service provider.\n> \n> regulations means the regulations made under the Act.\n> \n> the Act means the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097).\n> \n> Tribunal means the Civil and Administrative Tribunal of New South Wales.\n> \n> we, us or our refers to the operator and where the context allows, its employees and agents. If there is more than one operator, the words “we”, “us” or “our” apply jointly to the operators and to each of them.\n> \n> you or your refers to the home owner and includes his or her executors, administrators or agents but only to the extent necessary to enable them to discharge their duties, and where the home owner is more than one person, the words “you” or “your” apply jointly to the home owners and to each of them.\n> \n> Words that are not defined in this agreement but which have a defined meaning in the Act have the same meaning in this agreement as they do in the Act.\n\n> 32. This agreement operates as follows—\n> \n> > 32.1 this agreement has effect subject to the Act and the regulations,\n> \n> > 32.2 any term of this agreement is to be read and interpreted in the context of, and subject to, any relevant provision of the Act and the regulations,\n> \n> > 32.3 this agreement gives way to the Act and the regulations to the extent of any inconsistency between this agreement and the Act and the regulations.\n\n> 33. If the Act or the regulations are amended after this agreement was entered into, the amendment applies in relation to this agreement, unless the legislation making the amendment provides otherwise. This extends to the repeal and substitution of the Act or the regulations.\n\nNotes—Termination of agreement\n\n> 1 You may terminate this agreement by giving us at least 30 days’ written notice, and may move your home off the residential site at any time after giving us that written notice, in accordance with the Act.\n\n> 2 We may only terminate this agreement in one or more of the following circumstances and in accordance with the Act—\n> \n> > (a) if you seriously or persistently breach this site agreement,\n> \n> > (b) if we require vacant possession of the residential site in order to comply with an obligation imposed by or under legislation to carry out works (including works in the nature of repairs or upgrading) within the residential site or community,\n> \n> > (c) if the community is to be closed,\n> \n> > (d) if there is to be a change in the use of the residential site,\n> \n> > (e) if the residential site is appropriated or acquired under legislation of the State or Commonwealth by compulsory process authorised by that legislation,\n> \n> > (f) if the site is not lawfully useable for the purposes of a residential site,\n> \n> > (g) (Repealed)\n> \n> > (h) for serious misconduct, following an application to the Tribunal.\n\n> 3 In certain circumstances, if we terminate your agreement you may be entitled to compensation as prescribed by the Act.\n\nAdditional terms\n\nNOTE.\n\nANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE BEFORE YOU SIGN THIS AGREEMENT.\n\nAdditional terms may be inserted below, but only if—\n\n> (a) they do not contravene the Act or regulations or any other law, and\n\n> (b) they are not inconsistent with the standard terms contained above.\n\n**WARNING.** It is against the law to insert any terms in this agreement which operate to annul, vary or exclude any provisions of the Act or the regulations (see section 12 of the Act). Terms prohibited by the regulations also cannot be added to this agreement.\n\nSigned by or on behalf of the operator\n\nName of operator/person signing on their behalf—\n\nSignature of operator/person signing on their behalf—\n\nDate—\n\nAcknowledgment by home owner\n\nThe home owner acknowledges that they have been given a copy of each of the following documents.\n\n*Do not sign this agreement if you have not been given all of the required documents.*\n\nThe home owner must initial each box below to indicate they have received the document—\n\n> □ Disclosure Statement (at least 14 days before entering into this site agreement)\n\n> □ Site Condition Report\n\n> □ A current copy of the Community Rules (if any)\n\n> □ Moving into a Land Lease Community? brochure published by NSW Fair Trading\n\n**Legal Advice** (*select only ONE*)\n\n> □ I have obtained independent legal advice before signing this agreement\n\n> □ I have decided not to obtain independent legal advice before signing this agreement\n\nSigned by home owner (1)\n\nName of home owner (1)—\n\nSignature of home owner (1): Date—\n\nSigned by home owner (2)\n\nName of home owner (2)—\n\nSignature of home owner (2): Date—\n\n**sch 1:** Am 2024 No 46, Sch 2\\[5\\]–\\[9\\]; 2024 (415), Sch 1\\[1\\] \\[3\\]–\\[8\\]; 2024 (415), Sch 1\\[2\\].","sortOrder":18},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Form of site condition report","content":"# Schedule 2 Form of site condition report\n\nSchedule 2 Form of site condition report\n\n(Clause 7)\n\nSITE CONDITION REPORT\n\nIMPORTANT INFORMATION\n\n> 1 This form is only for use in relation to a residential site and not the home or any fixtures on the site.\n\n> 2 This site condition report must be completed by the operator and the home owner at or before the time the first site agreement is given to the home owner for signing.\n\n> 3 This site condition report is an important record of the condition of the residential site when the site agreement begins and a copy must be annexed to the site agreement.\n\n> 4 It is important to complete the site condition report accurately. It may be used as evidence at a later date, including in the event of a dispute.\n\n> 5 Further information may be added on a separate sheet signed by the operator and home owner and attached to this report.\n\n> 6 For information about the rights and responsibilities of operators and home owners, see www.fairtrading.nsw.gov.au or call NSW Fair Trading on 13 32 20.\n\n> 7 A further site condition report is not required to be completed when a site agreement for a residential site is entered into that replaces another site agreement between the same parties in relation to the same site.\n\nName of residential community—\n\nSite number—\n\nWhat is currently located on the residential site? (*tick all that apply*)\n\n> □ Manufactured home\n\n> □ Caravan\n\n> □ Carport\n\n> □ Shed\n\n> □ Annex\n\n> □ Other (*specify*)—\n\nOr—\n\n> □ Site is vacant\n\nNote.\n\nFor greater certainty about what is currently on the site, photographs may be attached.\n\nCONDITION OF RESIDENTIAL SITE\n\n|  | Clean (yes/no) | Undamaged (yes/no) | Comments |\n| Landscaping/Garden |  |  |  |\n| Driveway |  |  |  |\n| Lawn area |  |  |  |\n| Site slab (concrete) |  |  |  |\n| General appearance |  |  |  |\n| Other (specify)— |\n| Comments about condition |\n|  |\n|  |\n|  |\n|  |\n\nNote.\n\nIf the parties do not agree on whether or not an item is clean or undamaged, this should be noted as a comment.\n\nHas any rubbish or have any goods been left behind on the site? □ No □ Yes—*give details (photographs may be attached)*—\n\nHow many trees are growing on the site? □ (*photographs may be attached*)\n\nUtilities\n\n|  | Connected (yes/no) | Separately measured/metered (yes/no) | Meter reading (if applicable) | Is the operator the supplier? (yes/no) | Maximum amps supplied to site |\n| Electricity |  |  |  |  |  |\n| Gas |  |  |  |  |  |\n| Water |  |  |  |  |  |\n| Sewerage |  |  |\n| Telephone |  |  |\n| Internet |  |  |\n| Comments about utilities |\n|  |\n|  |\n|  |\n|  |\n\nSpecific work to be undertaken by operator\n\nThe operator agrees to undertake the following work during the agreement (eg cleaning, repairs or additions)—\n\nThe operator agrees to complete that work by—\n\n| Operator | Home owner |\n| Name— | Name— |\n| Signature— | Signature— |\n| Date— | Date— |","sortOrder":19},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Period for making application to Tribunal","content":"# Schedule 3 Period for making application to Tribunal\n\nSchedule 3 Period for making application to Tribunal\n\n(Clause 16)\n\n| Column 1 | Column 2 |\n| Provision of the Act | Period |\n| Section 21 (4) | The period of 14 days starting with the date of request for a disclosure statement |\n| Section 26 (4) | The period during which the site home owner did not have a written site agreement |\n| Section 27 (5) | The period during which the site agreement is in force (where the agreement is not in the relevant standard form) |\n| Section 28 (2) (a) | The period during which the site agreement is in force |\n| Section 29 (4) | The period during which the site agreement is in force |\n| Section 37 (2) (c) | The period of 90 days starting with the date the work was completed or was expected to be completed |\n| Section 38 (2) | The period of 6 months starting with the date of the alleged non-compliance |\n| Section 43(2) | The period of 60 days starting with the date that is 60 days after the date the notice was issued under section 43(1) of the Act |\n| Section 43 (3) | The period of 60 days starting with the date the notice was issued under section 43 (1) of the Act |\n| Section 47 (3) | The period during which the site agreement is in force |\n| Section 48 (4) | The period during which the site agreement is in force |\n| Section 48 (5) | The period during which the site agreement entered into by the home owner responsible for the planting is in force |\n| Section 56 (2) | The period of 90 days starting with the date on which the alleged non-compliance occurred |\n| Section 64 (1) | The period during which the site agreement is in force |\n| Section 123 (4) | The period of 90 days starting with the date the notice was received |\n| Section 129 (1) | The period of 30 days starting with the date the alleged serious misconduct became known to the operator |\n| Section 140 (4) | The period of 12 months starting with the date the home was installed on the new site |\n| Section 141 (8) | The period of 90 days starting with the date of the alleged non-compliance with section 141 |\n\nNote.\n\nAn application under section 9, 138 (2) or 158 of the Act may be made at any time.\n\n**sch 3:** Am 2020 (525), cl 3.","sortOrder":20},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 4 Penalty notice offences\n\nSchedule 4 Penalty notice offences\n\n(Clause 17)\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 16 (5) | $1,100 (in the case of a corporation)$550 (in any other case) |\n| Section 17 | $440 (in the case of a corporation)$220 (in any other case) |\n| Section 21 (1) | $1,100 |\n| Section 26 (1) | $220 |\n| Section 26 (3) | $220 |\n| Section 29 (2) | $1,100 |\n| Section 30 (1) | $220 |\n| Section 32 | $220 |\n| Section 52 (2) | $110 |\n| Section 53 | $110 |\n| Section 55 (3) | $550 |\n| Section 57 (1) | $110 |\n| Section 57 (2) | $110 |\n| Section 58 (1) (to the extent that the alleged offence involves the giving of a receipt that does not conform to section 58 (3)) | $220 |\n| Section 58 (2) (to the extent that the alleged offence involves the provision to the home owner concerned of a receipt that does not conform to section 58 (3)) | $220 |\n| Section 59 (1) | $220 |\n| Section 66 (3) | $550 |\n| Section 76 (3) | $220 |\n| Section 84 (1) (to the extent that the alleged offence involves the giving of a receipt that does not conform to section 84 (3)) | $220 |\n| Section 84 (2) (to the extent that the alleged offence involves the provision of a receipt that does not conform to section 84 (3)) | $220 |\n| Section 91 (3) | $1,100 |\n| Section 124 (3) | $550 |\n| Offences under this Regulation |\n| Clause 14 | $220 |","sortOrder":21},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 5 Savings and transitional provisions\n\nSchedule 5 Savings and transitional provisions","sortOrder":22}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation has been amended at least four times since its 2015 commencement, with the December 2024 update being the most recent. The pending Electricity Supply Amendment (Miscellaneous) Regulation 2026 signals that the scope has expanded over time to incorporate utility charging rules — likely beyond the original focus on site agreements and community standards. This suggests the regulation's reach has broadened incrementally to address emerging issues in the sector."},"complexity_factors":["Operates as subordinate legislation requiring cross-reference to the parent Residential (Land Lease) Communities Act 2013 to be fully understood","Multiple amendments over its life (2016, 2020, September 2024, December 2024) create version-tracking complexity","Intersection with separate regulatory regimes such as electricity supply regulation, adding cross-legislative complexity","Affects a niche but vulnerable demographic with specific and layered contractual arrangements (land lease vs home ownership)","Upcoming automatic repeal (sunset) on 1 September 2026 creates uncertainty about future legal position","Limited substantive content visible in the provided text — the actual operative provisions are not displayed, making full assessment difficult"],"plain_english_summary":"## Residential (Land Lease) Communities Regulation 2015\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law) that supports the *Residential (Land Lease) Communities Act 2013*. It sets out the practical rules governing **land lease communities** — places like lifestyle villages, caravan parks, and manufactured home estates where residents own their home (like a caravan or transportable house) but **lease (rent) the land** it sits on from the community operator.\n\n**Who does it affect?**\n- **Residents** of land lease communities — often older Australians, retirees, and people on fixed incomes who have chosen this lifestyle as an affordable housing option\n- **Community operators** — the businesses or individuals who own the land and run these communities\n- **Prospective buyers/residents** considering moving into such a community\n\n**What does it actually do?**\nThe regulation fills in the fine print of the parent Act, likely covering things such as:\n- Required terms and conditions in site agreements (the contract between you and the operator for your land rental)\n- How and when site fees (your rent) can be increased\n- Rules around selling your home within the community\n- Dispute resolution processes\n- Standards for community facilities and services\n- Electricity and utility charging rules (noting upcoming changes to electricity rules from July 2026)\n\n**Why does it matter?**\nFor many residents — particularly retirees — a land lease community is their **primary home and main asset**. These rules are the key protection against unfair rent increases, unexpected eviction, or exploitation by operators. Getting these rules wrong can have serious financial and lifestyle consequences for vulnerable people.\n\n**Important notes:**\n- This regulation has been updated **multiple times** since 2015 (in 2016, 2020, and twice in 2024), meaning the rules have evolved\n- It is **due to be automatically repealed (cancelled) on 1 September 2026** under NSW's sunset clause system (a process where older regulations automatically expire unless renewed)\n- Changes to electricity supply rules are coming on **1 July 2026** but are not yet in this version"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulation appears to remain within its original scope of operationalising the Residential (Land Lease) Communities Act 2013. The 2024 amendments (clauses 10A, 13, 14) added electricity pricing transparency requirements, but this represents an expansion of the existing utility charging framework rather than a fundamental shift in purpose. The core functions—standard agreements, prohibited terms, utility caps, and enforcement mechanisms—remain consistent with the original 2015 intent."},"complexity_factors":["Extensive cross-referencing to the parent Act (Residential (Land Lease) Communities Act 2013) and other legislation including the Interpretation Act 1987, Administrative Decisions Review Act 1997, and Crimes (Sentencing Procedure) Act 1999","Multiple conditional exceptions and nested subclauses, particularly in clause 4 (publication of enforcement details) which has 10 subclauses with complex timing conditions for appeals and reviews","Detailed mathematical/formulaic provisions for calculating utility charges (clauses 10-14) including discharge factors, median retail offers, and percentage discounts based on amperage","Lengthy standard form agreement in Schedule 1 (33 clauses plus notes) with intricate provisions for rent increase methods, termination grounds, and access rights","Multiple schedules containing tabular data (Schedules 3 and 4) with specific time periods and penalty amounts that must be read in conjunction with the main body","Savings and transitional provisions in Schedule 5 that reference repealed legislation (Residential Parks Act 1998) and create parallel regimes for existing agreements"],"plain_english_summary":"This Regulation sets out the detailed rules for how residential land lease communities operate in New South Wales. These are places where people own their home but lease the land it sits on (like caravan parks or manufactured home estates).\n\n**What it does:**\n\n*   **Standard contracts:** It provides a mandatory template for site agreements (Schedule 1) that operators must use when leasing land to home owners. This template includes cooling-off periods, rules about rent increases, and protections against unfair terms.\n*   **Bans unfair terms:** It prohibits operators from including clauses that force home owners to indemnify (protect) the operator against negligence, penalises them for breaching the agreement, or requires them to take out insurance (with limited exceptions).\n*   **Controls utility charges:** It caps how much operators can charge for water, sewerage, and electricity. For example, water and sewerage service availability charges cannot exceed $50 total per year, and electricity charges must reflect a \"comparable market offer\" with discounts for lower amp supply.\n*   **Public transparency:** It requires the Commissioner to publish information about enforcement actions, disciplinary proceedings, and whether communities have residents' committees.\n*   **Site condition reports:** It mandates a standard form (Schedule 2) documenting the state of the site before move-in to prevent disputes later.\n*   **Enforcement:** It lists specific offences that can be punished with on-the-spot fines (penalty notices) and sets time limits for taking disputes to the Tribunal (Schedule 3).\n\n**Who it affects:**\n\n*   **Home owners** (residents who own their home but rent the land)\n*   **Operators** (companies or individuals running these communities)\n*   **The NSW Civil and Administrative Tribunal** (which hears disputes)\n\n**Why it matters:**\n\nThis Regulation protects vulnerable residents—often retirees or low-income earners—from exploitative practices. It ensures they can't be charged exorbitant fees for basic services, can't be locked into unfair contracts, and have clear avenues to challenge operators. The standard agreement template gives residents certainty about their rights, while the utility pricing rules prevent operators from profiteering on essential services."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulation implements and operationalises provisions of the Residential (Land Lease) Communities Act 2013 rather than altering the Act’s statutory scope. It prescribes required forms, specific prohibited terms, calculation methods and monetary caps, sets publication and timing rules, and establishes penalty notice amounts (see cl 6–8, cl 10–14, cl 4, cl 16–17, schs 1–5). Those prescriptions change how the Act is applied in practice (how charges are calculated, what contract terms are lawful, what is published and when), but they do not expand the substantive legal powers beyond the Act; they set delegated, detailed rules for implementation and enforcement."},"complexity_factors":["Multiple cross-references to the parent Act and other statutes (Interpretation Act, Crimes (Sentencing Procedure) Act, Administrative Decisions Review Act) which require reading across instruments (cl 3 note; cl 4(10)).","Detailed prescribing of standard forms and many operational clauses (sch 1 and sch 2) that operators must adopt in practice (cl 6–7).","Technical charging rules that depend on external data or third-party decisions (water authority discharge factors, IPART median retail offers) creating multi-party dependencies (cl 10, cl 10A).","Multiple, specific timing rules interacting with appeals and review processes for publication and Tribunal applications (cl 4(2)–(9); cl 16; sch 3).","A mix of substantive caps and formulaic calculations (service-availability division, $50 cap for water/sewerage, electricity amp-based discounts) which require accurate accounting and billing systems (cl 11–14, cl 12).","Penalty notice regime with different monetary amounts and distinctions between corporate and non-corporate penalties (cl 17; sch 4).","Transitional provisions that preserve or adapt pre-existing agreements under a repealed Act (sch 5), adding layers for legacy contracts."],"plain_english_summary":"What this Regulation does, mechanically\n\n- Prescribes standard forms, capped charges, timelines and publication rules needed to operate the Residential (Land Lease) Communities Act 2013. The Regulation sets out required documents (a standard site agreement and a site condition report), what may or may not be included in site agreements, how some utility and service charges are calculated and capped, how and when disciplinary and enforcement particulars are published, and the time limits and penalty notice amounts for a range of breaches. (cl 6–7, sch 1–2, cl 4, cl 11–14, cl 16–17, schs 3–4)\n\nWho is affected and who pays\n\n- Home owners: pay site fees, utility usage and certain allowed charges subject to caps and calculation rules in the Regulation (see cl 11–14; sch 1 clauses 6–12). Home owners must receive specified disclosure documents and have a cooling-off right (sch 1 Important information and clauses 4–5). Home owners are the principal beneficiaries of the prescribed standard agreement and capped charges.\n\n- Operators (and community owners): must use the standard form or comply with the Act and these Regulations where relevant, provide and annex a site condition report, divide community-level service availability charges across residential places, meet operational obligations such as maintenance and billing rules, pay certain community-level charges and install meters (cl 7, cl 11, sch 1 clauses 7–12, 19–20, 11.1–11.2). Operators bear compliance costs and exposure to penalties for breaches (cl 13, cl 17, sch 4).\n\n- Third parties/utility suppliers and regulators: the Independent Pricing and Regulatory Tribunal (IPART) must determine median retail market offers annually for distribution districts and notify the Commissioner; the Commissioner must publish that information (cl 10A). Water supply authorities supply the sewerage discharge factor used to calculate sewerage charges where relevant (cl 10).\n\nWhat the Regulation prescribes, by topic\n\n- Standard documents and records: the Regulation prescribes a standard site agreement (cl 6, sch 1) and a mandatory site condition report form that must be completed and annexed to a site agreement (cl 7, sch 2). These impose specific disclosure, receipt and record-keeping obligations (sch 1 clauses 6–9, 31–33).\n\n- Prohibited contract terms and limits on contractual freedom: the Regulation lists types of terms forbidden in site agreements, including indemnities for the operator’s negligence, compulsory insurance provisions (except limited shared-insurance arrangements), penalty clauses, liquidated damages and terms promising rebates for non-breach (cl 8). (cl 8(1)–(2))\n\n- Utility charging rules and caps:\n  - General rule for service availability charges: the maximum that can be charged to a home owner for a non-electric utility is the community bill for that utility divided by the number of residential places in the community area (cl 11(1)–(2)).\n  - Water and sewerage cap: a home owner’s total annual service-availability charge for water and sewerage must not exceed $50 in any calendar year (cl 12; sch 1 clause 10.3).\n  - Sewerage charging where sewerage is not metered: where the water authority charges water and sewerage separately and specifies a sewerage discharge factor, the operator may charge a home owner an amount equal to metered water use multiplied by that discharge factor (cl 10(1)–(3)).\n  - Electricity: reduced daily supply charges must be applied for sites with supply less than 60 amps (60% discount if <30 amps; 30% if 30–60 amps) (cl 14; sch 1 clause 9.2). Also, electricity daily supply or per-kWh usage charges cannot exceed those under the community’s comparable market offer as defined (sch 1 clause 10.3A; cl 10A).\n  - Comparable market offers: IPART determines the median retail market offer annually for each distribution district; the Commissioner publishes the median offers and effective dates (cl 10A(1)–(3); sch 1 definition of “comparable market offer”).\n\n- Publication of enforcement and disciplinary particulars: the Regulation authorises the Commissioner to publish particulars from the Register about convictions and disciplinary action (names, role, description of offence or grounds and action taken) but sets timing rules — particulars about convictions or disciplinary action are not to be published while appeals or reviews are possible and must be removed if convictions/decisions are quashed or if five years have elapsed since first publication. The Commissioner may republish particulars if appeals or reviews are unsuccessful (cl 4(1)–(10)). The Commissioner must also publish whether a community has a residents committee (cl 5).\n\n- Access to dispute resolution and time limits: the Regulation specifies the time periods to apply for Tribunal relief for particular provisions of the Act (cl 16; sch 3). Some Tribunal applications may be made at any time as noted.\n\n- Penalties and penalty notices: the Regulation lists which offences (Act and some Regulation provisions) can be the subject of penalty notices and prescribes the monetary amounts (cl 17; sch 4). It also creates penalties for requesting or receiving charges above statutory maxima (cl 13).\n\n- Transitional and savings provisions: the Regulation deals with how certain contracts and arrangements made under the repealed Residential Parks Act 1998 continue to operate (sch 5).\n\nSources’ stated reasons and how the Regulation achieves them\n\n- The text frames many provisions as operationalising the Act: prescribing forms and notice periods, restricting unfair contractual terms, capping certain charges, and ensuring transparency about enforcement and community representation (see cl 6–8, cl 11–14, cl 4–5). The observable mechanisms are:\n  - Standardisation of documentation to reduce variation and to ensure certain minimum disclosures and protections (cl 6–7, sch 1–2);\n  - Price control mechanisms that cap how much an operator can pass through for community-level service availability and set calculation rules where meters do not separately measure sewerage (cl 10–12, cl 11(1));\n  - Publication obligations intended to make enforcement outcomes and the existence of residents committees publicly visible, subject to appeal and review protections (cl 4–5);\n  - Use of an independent economic regulator (IPART) to establish a comparable market benchmark for electricity charging caps (cl 10A).\n\nPractical trade-offs, incentives and compliance burdens (source-grounded)\n\n- Who pays and where costs may be shifted: operators remain billed at the community level by utilities; under the Regulation they may apportion service-availability charges to home owners by dividing the provider’s bill by the number of residential places (cl 11(1)). This method standardises cost allocation but means individual home owners pay a share regardless of individual connection/use unless separate metering applies (cl 11(2)).\n\n- Caps and calculation rules limit what operators can charge: the $50 annual cap on water and sewerage service availability (cl 12; sch 1 clause 10.3) and the requirement that sewerage charges be calculated using the water meter reading multiplied by the authority’s discharge factor (cl 10(3)) constrain passthroughs and set predictable maximums for home owners. Operators may face residual community-level costs if those caps or formulas under-recover total community charges.\n\n- Administrative burdens and discrete decision-makers: operators must use the prescribed forms, give particular notices and meet record-keeping and disclosure obligations (cl 7; sch 1 clauses 6–9, 31–33). The Commissioner must publish and remove particulars on the Register and can republish after unsuccessful appeals; IPART must determine and notify median retail offers annually and the Commissioner must publish them (cl 4(6)–(9); cl 10A). These duties create ongoing administrative work for regulators and operators.\n\n- Enforcement incentives and reputational effects: publication of convictions and disciplinary action (subject to appeal safeguards and a five-year removal rule) can produce reputational consequences for operators; the Regulation also creates monetary penalties and penalty notice options for specified offences and for requesting payments above maximums (cl 4(1)–(9); cl 13; cl 17; sch 4).\n\n- Limits on contractual bargaining: the Regulation prohibits a set of terms in site agreements (indemnities for operator negligence, penalty clauses, compulsory insurance except limited shared arrangements), narrowing what operators and home owners can lawfully negotiate into agreements (cl 8). That reduces contract flexibility and constrains how operators allocate risk by contract.\n\n- Reliance on external measurements and third parties: where sewerage is not metered the rule relies on the water supply authority having a published discharge factor (cl 10(1)–(3)). Where the community’s electricity caps use IPART’s median retail offers, the Regulation relies on IPART’s annual determinations (cl 10A).\n\nImplementation and legal risk points\n\n- Timing and appeal interactions: publication is delayed while appeals or reviews remain possible and must be removed if decisions are quashed; the Commissioner may republish if appeals fail (cl 4(2)–(9)). This creates timing dependencies between regulatory publication and the progress of administrative or judicial reviews.\n\n- Measurement accuracy and billing disputes: using averaged or apportioned service-availability charges (cl 11) and applying a discharge factor for sewerage (cl 10) may generate disputes where actual usage or household circumstances differ from the allocation basis.\n\n- Tribunal time limits: applicants must observe the periods in Schedule 3 for many types of applications (cl 16; sch 3), which affects the timing of dispute resolution and the preservation of rights.\n\nSummary of concrete behavioural changes the Regulation creates\n\n- Operators: must adopt prescribed forms and billing methods, cannot include specified prohibited terms in site agreements, must apply statutory caps and discounts, must supply certain notices and records, and face prescribed penalties and publication risks (cl 6–8, cl 10–14, cl 13, cl 17, sch 1–2).\n\n- Home owners: receive a standard form agreement and condition report, have a 14-day cooling-off right, benefit from caps/discounts and from publication of certain enforcement outcomes, and must act within prescribed Tribunal time limits when seeking relief (sch 1; cl 4; cl 7; cl 10–14; cl 16; sch 3).\n\n- Regulators: IPART must determine median retail offers annually and the Commissioner must publish those offers and manage publication/removal of disciplinary/conviction particulars (cl 10A; cl 4(1)–(9)).\n\nPrimary sections cited: clauses 4, 5, 6, 7, 8, 10, 10A, 11–14, 15–17, Schedule 1 (standard site agreement), Schedule 2 (site condition report), Schedule 3 (Tribunal periods), Schedule 4 (penalty notices), Schedule 5 (savings/transitional provisions)."}},"importantCases":[],"_links":{"self":"/api/acts/residential-land-lease-communities-regulation-2015","history":"/api/acts/residential-land-lease-communities-regulation-2015/history","analysis":"/api/acts/residential-land-lease-communities-regulation-2015/analysis","conflicts":"/api/acts/residential-land-lease-communities-regulation-2015/conflicts","importantCases":"/api/acts/residential-land-lease-communities-regulation-2015/important-cases","documents":"/api/acts/residential-land-lease-communities-regulation-2015/documents"}}