Part 1 Preliminary

Part 1 Preliminary

1 Name of Regulation

1 Name of Regulation

This Regulation is the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

2 Commencement

2 Commencement

This Regulation commences on 1 September 2021.

Note—

This Regulation repeals and remakes the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3 Object

3 Object

The object of this Regulation is to provide opportunities for affordable alternatives in short-term and long-term accommodation by setting standards—

(a) for the design of manufactured home estates, caravan parks and camping grounds, and

(b) for the design and construction of manufactured homes and other moveable dwellings, and

(c) for the siting of manufactured homes and other moveable dwellings, and

(d) to promote the health, safety and amenity of the occupiers of manufactured homes and other moveable dwellings.

4 Interpretation

4 Interpretation

(1) In this Regulation—

ABCB Housing Provisions Standard means the Housing Provisions Standard published by the Australian Building Codes Board from time to time.

access road means a road, other than a public road, located within a manufactured home estate, a caravan park or a camping ground.

AMCORD means the Australian Model Code for Residential Development in AMCORD—A National Resource Document for Residential Development published in 1995 by the Commonwealth Department of Housing and Regional Development.

annexe means a moveable dwelling that is—

(a) an attachment to a relocatable home or caravan, and

(b) used as an extension of the habitable area of the relocatable home or caravan, and

(c) capable of being erected or removed within 24 hours.

approval means an approval—

(a) in Part 2, Division 2, Subdivision 2 and Part 3, Division 2, Subdivision 2—to install a manufactured home, moveable dwelling or associated structure, and

(b) otherwise in Part 2—to operate a manufactured home estate, and

(c) otherwise in Part 3—to operate a caravan park or camping ground.

Australian/New Zealand Wiring Rules means AS/NZS 3000:2000, Electrical installations.

Building Code of Australia has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

bush fire prone land in an area means land recorded for the time being as bush fire prone land on a bush fire prone land map for the area.

bush fire prone land map for an area means a map for the area certified under the Environmental Planning and Assessment Act 1979, section 10.3(2).

camp site means an area of land—

(a) within—

(i) a camping ground, on which a campervan or tent may be installed, or

(ii) a primitive camping ground, on which a campervan, tent or caravan may be installed, and

(b) designated as a camp site by the approval for the camping ground.

campervan means a moveable dwelling, other than a caravan, designed to be capable of being registered as a motor vehicle, and includes a camper trailer.

caravan means a moveable dwelling designed to be capable of being registered as a trailer, but does not include a camper trailer.

certificate of completion—see section 69.

community amenity means a space or facility, other than a car parking space—

(a) required to be provided within a manufactured home estate, caravan park or camping ground, and

(b) used or intended to be used—

(i) for the administration or servicing of the manufactured home estate, caravan park or camping ground, or

(ii) for recreational or other communal purposes by occupiers of manufactured homes within a manufactured home estate or moveable dwellings within a caravan park or camping ground.

community building means a building used or intended to be used in connection with a community amenity, including a building used as a manager’s or caretaker’s office or residence.

Example—

A shower block, toilet block or laundry block.

community map means a scale map that accurately shows—

(a) for a manufactured home estate—the road reserves, community amenities and dwelling sites within the manufactured home estate, and

(b) for a caravan park or camping ground—the following within the caravan park or camping ground—

(i) the access roads, community amenities and community buildings,

(ii) the number, size, location and dimensions of dwelling sites or camp sites,

(iii) for a dwelling site or camp site—the off-site parking space, if any, designated for use by the occupier of the dwelling site or camp site.

compliance plate—

(a) for a manufactured home or associated structure—see section 67, or

(b) for a relocatable home or associated structure—see section 158.

dwelling site means an area of land—

(a) for a manufactured home estate—designated as a dwelling site by the approval for the manufactured home estate, and

(b) for a caravan park—

(i) on which a moveable dwelling may be installed, and

(ii) designated as a dwelling site by the approval for the caravan park.

Electricity Code of Practice means the Code of Practice for Electricity Supply to Long-term Residents of Caravan Parks published by the Department of Planning, Industry and Environment and as in force from time to time.

engineer’s certificate means a certificate issued by a structural engineer under—

(a) for the design of a manufactured home or associated structure—section 51, or

(b) for the design of a relocatable home or associated structure—section 142, or

(c) for the design of a rigid annexe—section 165.

ensuite facility for a dwelling site means a building, part of a building or an associated structure—

(a) containing a shower, toilet and handbasin, and

(b) provided for the exclusive use of the occupiers of the site, and

(c) located on or adjacent to the site.

flexible annexe means an annexe consisting entirely of canvas or other flexible material, other than the following parts—

(a) a rigid support frame,

(b) a floor, door, window or other securable opening.

flood liable land means land determined by the council to be flood liable land after considering the principles contained in the Floodplain Development Manual.

Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government and as in force from time to time.

habitable room has the same meaning as in the Building Code of Australia.

holiday van means a moveable dwelling, other than a tent—

(a) usually located on a short-term site, and

(b) used primarily by the owner of the moveable dwelling for occasional occupancy for holidays.

installation means the following, including the connection of gas, electricity, telephone, water, sewerage and drainage services—

(a) for a manufactured home or a relocatable home—the process of connecting and attaching to footings—

(i) the major sections of the manufactured home or relocatable home, and

(ii) associated structures forming part of the manufactured home or relocatable home,

(b) for an associated structure—the process of constructing, assembling and attaching to footings the components of the associated structure.

long-term site means a dwelling site specified in the approval for a caravan park as a long-term site.

major access road means an access road serving more than 30 dwelling sites within a manufactured home estate.

major section means a single portion of a manufactured home or relocatable home—

(a) containing a total living space of at least 20 cubic metres, excluding the living space contained in an associated structure, and

(b) comprising the major components of the portion of the home, including the following—

(i) the chassis or frame,

(ii) the external and internal walls,

(iii) the roof and ceilings,

(iv) the floors, windows and doors,

(v) the internal plumbing and wiring,

(vi) the tiling,

(vii) the kitchen, bathroom and laundry fittings, other than stoves, refrigerators, washing machines and other white goods,

(viii) the built-in cupboards and cabinets.

minor access road means an access road serving no more than 30 dwelling sites within a manufactured home estate.

park van means a moveable dwelling, other than a tent, whether or not capable of being registered, that is—

(a) usually located on a short-term site, and

(b) provided for hire, and

(c) used primarily by a site occupier, other than the owner of the moveable dwelling, for occasional occupancy for holidays.

Plumbing Code of Australia means the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.

structural engineer means a registered professional engineer, within the meaning of the Design and Building Practitioners Act 2020, who is authorised by the registration to carry out work in structural engineering.

primitive camping ground means a camping ground specified in its approval as a primitive camping ground.

registered has the same meaning as in the Road Transport Act 2013.

relocatable home means a manufactured home or other moveable dwelling, other than a tent, caravan, campervan or vehicle capable of being registered—

(a) whether or not self-contained, and

(b) that consists of at least 1 major section, including an associated structure forming part of the dwelling.

rigid annexe means an annexe that is not a flexible annexe.

road reserve means the part of a manufactured home estate, excluding part of a dwelling site, reserved for access roads, footpaths, parking spaces and associated landscaping.

self-contained moveable dwelling means a moveable dwelling that contains shower and toilet facilities.

short-term site means a dwelling site—

(a) on which a moveable dwelling ordinarily used for holidays may be installed, and

(b) specified in the approval for a caravan park as a short-term site.

site boundary of a caravan park or camping ground means the boundary of a dwelling site or camp site, other than a boundary fronting onto an access road.

storey for a relocatable home, associated structure or rigid annexe means the space located between 1 floor level and the floor level next above or, if there is no floor above, the ceiling or roof.

the Act means the Local Government Act 1993.

(2) A reference in this Regulation to an Australian Standard or an Australian and New Zealand Standard is a reference to the Australian Standard or Australian and New Zealand Standard as in force from time to time.

s 4: Am 2023 (71), Sch 1.5[1].

Part 2 Manufactured home estates and manufactured homes

Part 2 Manufactured home estates and manufactured homes

Division 1 Application of Part

Division 1 Application of Part

5 Application of Part

5 Application of Part

This Part applies to—

(a) the operation of manufactured home estates, and

(b) the installation of manufactured homes in manufactured home estates.

Note—

Part 3 deals with relocatable homes and the installation of manufactured homes other than in manufactured home estates.

Division 2 Approvals and exemptions

Division 2 Approvals and exemptions

pt.2-div.2-sdiv.1 Operation of manufactured home estates

Subdivision 1 Operation of manufactured home estates

6 Factors for consideration before approval is granted

6 Factors for consideration before approval is granted

(1) The council must not grant an approval unless satisfied the manufactured home estate will be designed, constructed, maintained and operated in accordance with Division 3.

(2) Before approving the operation of a manufactured home estate on flood liable land, the council must consider the principles in the Floodplain Development Manual.

7 Matters to be specified in approval

7 Matters to be specified in approval

An approval must specify, by reference to a plan, the number, size and location of the dwelling sites allowed by the approval.

8 Conditions of approval

8 Conditions of approval

An approval is subject to the condition that the manufactured home estate is designed, constructed, maintained and operated in accordance with Division 3.

Note—

The council may also impose conditions on the grant of an approval under the Act, section 94.

pt.2-div.2-sdiv.2 Installation of manufactured homes and associated structures in manufactured home estates

Subdivision 2 Installation of manufactured homes and associated structures in manufactured home estates

9 Conditional exemption

9 Conditional exemption

(1) A person may, without an approval—

(a) install a manufactured home on land within a manufactured home estate if the home is—

(i) designed, constructed and installed in accordance with Division 4, and

(ii) not occupied by a person until a certificate of completion has been issued, or

(b) install an associated structure on land within a manufactured home estate if the structure is designed, constructed and installed in accordance with Division 4.

(2) The installation must be carried out by, or with the consent of, the holder of the approval.

(3) This section does not apply—

(a) if the council has given the holder of the approval written notice that the land is flood liable land—to the installation of a manufactured home on flood liable land, or

(b) to the installation of a manufactured home or associated structure exceeding 1 storey.

10 Installation on flood liable land

10 Installation on flood liable land

(1) Before approving the installation of a manufactured home or associated structure on flood liable land, the council must consider the principles in the Floodplain Development Manual.

(2) It is a condition of an approval to install a manufactured home or an associated structure on flood liable land that the manufactured home is designed, constructed and installed in accordance with Division 4.

11 Installation of manufactured home or associated structure of more than 1 storey

11 Installation of manufactured home or associated structure of more than 1 storey

Before approving the installation of a manufactured home or associated structure exceeding 1 storey, the council must consider the likely impact on the amenity of—

(a) occupiers of adjoining manufactured homes, and

(b) occupiers of land adjoining the manufactured home estate.

Division 3 Manufactured home estates

Division 3 Manufactured home estates

pt.2-div.3-sdiv.1 Land and dwelling site requirements

Subdivision 1 Land and dwelling site requirements

12 Minimum size of estate

12 Minimum size of estate

A manufactured home estate must not have an area of less than—

(a) 1 hectare, or

(b) if a lesser area is permitted on the land by an environmental planning instrument, the lesser area.

13 Community amenities

13 Community amenities

(1) A minimum of 10% of the total land area of a manufactured home estate must be reserved for recreation or other communal activities.

(2) The council may allow a lower percentage, not less than 6% of the total land area of the manufactured home estate, to be reserved for recreation or other communal activities.

(3) Before allowing a lower percentage, the council must consider—

(a) the type and range of amenities to be provided, and

(b) other matters the council considers relevant.

14 Size of dwelling sites

14 Size of dwelling sites

A dwelling site must have an area of at least 130 square metres.

15 Site identification

15 Site identification

(1) A dwelling site must be numbered or identified with its site boundaries clearly outlined.

(2) The site identification must be easily recognised.

pt.2-div.3-sdiv.2 Setbacks

Subdivision 2 Setbacks

16 Dwelling sites to have road frontage

16 Dwelling sites to have road frontage

A dwelling site must have vehicular access to an access road.

17 Setbacks of community buildings

17 Setbacks of community buildings

(1) A community building must not be located closer than 10 metres to the boundary of a manufactured home estate or dwelling site.

(2) The council may allow a lesser distance of at least 2 metres if satisfied the community building has been or will be properly screened, fenced, enclosed or otherwise treated.

18 Setbacks of dwelling sites from road frontages

18 Setbacks of dwelling sites from road frontages

(1) A dwelling site must not be located closer than—

(a) 10 metres to a public road, or

(b) 3 metres to another boundary of the manufactured home estate.

(2) The council may allow a lesser distance if satisfied the dwelling site has been or will be properly screened, fenced, enclosed or otherwise treated.

19 Use of buffer zones

19 Use of buffer zones

Nothing in this Part prevents land within a required setback from being used for—

(a) community amenities, access roads, car parking spaces, footpaths or landscaping, or

(b) a similar purpose allowed by the council.

pt.2-div.3-sdiv.3 Roads

Subdivision 3 Roads

20 Entrance and exit roads

20 Entrance and exit roads

(1) A road forming an entrance to or exit from a manufactured home estate must be at least 8 metres wide.

(2) For a divided road, the width of the sealed portion of the road on either side of the median strip must be at least 5 metres.

(3) The council may specify, in an approval, the way in which an entrance or exit road must meet the sealed portion of other access roads.

21 Width of roads

21 Width of roads

(1) The width of the road reserve must be at least—

(a) 8.5 metres for a major access road, and

(b) 6 metres for a minor access road.

(2) The width of the sealed portion of an access road must be at least—

(a) 6 metres for a major access road, and

(b) 4 metres for a minor access road.

(3) If a minor access road exceeds 80 metres in length, a passing bay must be provided within the road reserve.

(4) Passing bays must be provided at intervals of no more than 100 metres.

(5) The width of the sealed portion of an access road at a passing or parking bay must be at least—

(a) 8.5 metres for a major access road, and

(b) 6 metres for a minor access road.

22 Speed restrictions as part of road design

22 Speed restrictions as part of road design

Access roads must be designed to limit the speed at which vehicles may travel on the roads to—

(a) 30 kilometres per hour for major access roads, and

(b) 15 kilometres per hour for minor access roads.

23 Visitor parking

23 Visitor parking

(1) A manufactured home estate must contain at least the following number of visitor parking spaces—

(a) for a manufactured home estate containing no more than 35 sites—8 spaces,

(b) for a manufactured home estate containing more than 35 sites, but no more than 70 sites—12 spaces,

(c) for a manufactured home estate containing more than 70 sites, but no more than 105 sites—16 spaces,

(d) for a manufactured home estate containing more than 105 sites—20 spaces plus 1 additional space for every 7 sites above 140 sites.

(2) Each parking space must have minimum dimensions of—

(a) for angle parking—5.4 metres by 2.5 metres, or

(b) otherwise—6.1 metres by 2.5 metres.

(3) Visitor parking spaces must be clearly identified.

24 Visitor parking for people with disabilities

24 Visitor parking for people with disabilities

(1) A manufactured home estate must contain—

(a) at least 1 visitor parking space for people with a disability (a disabled parking space), or

(b) if the manufactured home estate contains 100 sites or more—at least 1 additional disabled parking space for—

(i) the first 100 sites, and

(ii) every further 100 sites, and

(iii) a remaining part, if any, of 100 sites.

Example—

A manufactured home estate containing 235 sites must contain at least 3 disabled parking spaces.

(2) A disabled parking space must be—

(a) provided in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off street car parking, and

(b) clearly identified as a disabled parking space.

(3) A disabled parking space may be counted as a visitor parking space.

25 Road surfaces

25 Road surfaces

All access roads, including all passing and parking bays, must—

(a) have an all-weather sealed or other surface finish specified in the approval, and

(b) be adapted to the land to enable adequate drainage and remove excessive grades.

26 Lighting

26 Lighting

All access roads must be adequately lit between sunset and sunrise.

pt.2-div.3-sdiv.4 Utility services

Subdivision 4 Utility services

27 Water supply

27 Water supply

(1) A manufactured home estate must be—

(a) connected to a mains water supply, or

(b) provided with an alternative water supply service as specified in the approval.

(2) A dwelling site must be—

(a) connected to the water supply service for the manufactured home estate, and

(b) provided with—

(i) a separate water meter, and

(ii) a separate water service isolating valve.

(3) The water supply service must comply with—

(a) the Plumbing and Drainage Act 2011 and the regulations made under that Act, and

(b) the requirements of a relevant statutory body.

(4) The water supplied for human consumption or domestic purposes must comply with the Australian Drinking Water Guidelines 6 published in October 2011 by the National Health and Medical Research Council.

28 Sewerage

28 Sewerage

(1) A manufactured home estate must be—

(a) connected to a main sewer, or

(b) provided with an alternative sewage disposal system as specified in the approval.

(2) A dwelling site must be connected to the sewage disposal system for the manufactured home estate.

(3) The sewage disposal system must comply with—

(a) the Plumbing and Drainage Act 2011 and the regulations made under that Act, and

(b) the requirements of a relevant statutory body.

29 Drainage

29 Drainage

(1) A manufactured home estate must be provided with a stormwater drainage system as specified in the approval.

(2) A dwelling site must be—

(a) connected with the stormwater drainage system for the manufactured home estate, or

(b) provided with an on-site stormwater drainage system.

(3) A stormwater drainage system must comply with—

(a) the Plumbing Code of Australia, and

(b) the requirements of a relevant statutory body.

30 Electricity supply

30 Electricity supply

(1) A dwelling site must be supplied with electricity from a reticulated electricity service by an electrical circuit connected to a separate electricity meter.

(2) The electrical circuit must be installed in accordance with the Australian/New Zealand Wiring Rules.

(3) The maximum capacity of the electrical circuit supplying a dwelling site is not required to be more than 32 amperes if the site is provided with gas, whether by a reticulated gas service or on-site gas containers.

(4) If a dwelling site is provided with electricity otherwise than by a direct connection to the local electricity supply authority’s electricity main, the occupant of the dwelling site may only be charged reasonable charges for the supply of the electricity.

31 Telephone lines

31 Telephone lines

Telephone services, if available, must be provided by a telephone connection that is available to each dwelling site within the manufactured home estate.

32 Common trenches

32 Common trenches

A common trench may be used for the installation of services in accordance with guidelines provided in AMCORD.

pt.2-div.3-sdiv.5 General

Subdivision 5 General

33 Garbage removal

33 Garbage removal

Arrangements specified in an approval must be implemented and maintained—

(a) for the removal of garbage, and

(b) to keep garbage receptacles in a clean and sanitary condition.

34 Fire hydrants

34 Fire hydrants

(1) No part of a dwelling site or community building within a manufactured home estate may be located more than 90 metres from a fire hydrant.

(2) A fire hydrant located within a manufactured home estate must be—

(a) a double-headed pillar-type fire hydrant, and

(b) maintained to the standard specified in the approval.

35 Buildings

35 Buildings

(1) A building must not be erected on a manufactured home estate unless the approval allows the erection of the building.

(2) An approval may allow only the following kinds of buildings to be erected on the manufactured home estate—

(a) community buildings,

(b) brick or masonry walls to erect—

(i) separating walls between adjoining manufactured homes, or

(ii) external facades to manufactured homes.

(3) The approval may allow the erection of a brick or masonry wall to erect an external facade to a manufactured home only if—

(a) the dwelling site on which the manufactured home is located is a neighbourhood lot, and

(b) the owner of the manufactured home is the owner of the neighbourhood lot.

Note—

The erection of a building, including a community building or brick or masonry wall, may require development consent under the Environmental Planning and Assessment Act 1979.

(4) In this section—

neighbourhood lot has the same meaning as in the Community Land Development Act 1989.

36 Use of manufactured home estates

36 Use of manufactured home estates

(1) A manufactured home estate must not be used—

(a) for a commercial purpose other than a manufactured home estate or an associated purpose, or

(b) for the manufacture, construction or reconstruction of moveable dwellings.

(2) A manufactured home may be used for exhibition purposes.

(3) A manufactured home installed in a manufactured home estate may be renovated, maintained and repaired.

Example—

Renovation, maintenance and repairs may include painting and the replacement of wall cladding or roof sheeting.

37 Community map

37 Community map

The holder of an approval must provide the council with a copy of the community map for the manufactured home estate—

(a) as soon as practicable after an amendment is made to the map, and

(b) at other times reasonably required by the council.

38 Access to approval and community map

38 Access to approval and community map

The holder of an approval must ensure that copies of the following documents are available for inspection, free of charge, by an occupant of the manufactured home estate—

(a) the approval for the manufactured home estate,

(b) the current community map,

(c) this Regulation.

Division 4 Manufactured homes and associated structures

Division 4 Manufactured homes and associated structures

pt.2-div.4-sdiv.1 General

Subdivision 1 General

39 Specifications for design, construction, installation, modification and extension of manufactured homes and associated structures

39 Specifications for design, construction, installation, modification and extension of manufactured homes and associated structures

(1) The Minister may, by order published in the Gazette, establish specifications for the design, construction, installation, modification and extension of manufactured homes and associated structures.

(2) The specifications may adopt, with or without modification, the provisions of a rule, standard or code of practice.

(3) A manufactured home or associated structure must be designed, constructed, installed, modified and extended in accordance with the specifications.

40 Installation allowed only on dwelling sites

40 Installation allowed only on dwelling sites

(1) A manufactured home must only be installed in a manufactured home estate on a dwelling site.

(2) This section does not apply to a manufactured home that is used only—

(a) for a community amenity, or

(b) as a manager’s or caretaker’s office or residence.

41 Manufactured homes to be constructed and assembled off-site

41 Manufactured homes to be constructed and assembled off-site

(1) A manufactured home must not be installed on a dwelling site unless each major section of the manufactured home is—

(a) constructed and assembled at a place of manufacture outside the manufactured home estate, and

(b) transported to the manufactured home estate from the place.

(2) The following work may be carried out on the dwelling site—

(a) the fixing of cornices,

(b) the setting of wall lining joints,

(c) the fitting of skirting boards and architraves,

(d) the grouting of tiles.

42 Installation allowed only if dwelling site is properly serviced

42 Installation allowed only if dwelling site is properly serviced

A manufactured home must not be installed on a dwelling site unless the dwelling site complies with Division 3.

43 Density

43 Density

No more than 1 manufactured home may be installed on 1 dwelling site.

44 Setbacks for manufactured homes

44 Setbacks for manufactured homes

A manufactured home must not be located—

(a) within 1 metre of a road reserve, or

(b) within 2 metres of the boundary of the manufactured home estate.

45 Site coverage

45 Site coverage

(1) A manufactured home must not be installed on a dwelling site if the manufactured home floor area is more than 65% of the site area.

(2) If there is no carport or garage on the dwelling site, the site must contain an area—

(a) with minimum dimensions of 6 metres by 3 metres, and

(b) accessible from an access road, and

(c) used for car parking.

(3) In this section—

manufactured home floor area means—

(a) the area occupied by—

(i) the manufactured home, and

(ii) associated structures or other buildings, excluding areas without a roof, and

(b) if there is no carport or garage on the dwelling site—an area of 18 square metres.

46 Minimum open space requirements for dwelling sites

46 Minimum open space requirements for dwelling sites

(1) A dwelling site must contain at least 30 square metres of open space.

(2) An open space must include at least 1 area with minimum dimensions of 3 metres.

(3) In calculating the area of open space in a dwelling site, a space with a width or length of less than 2 metres must not be included.

(4) In this section—

open space means space on which there is no building, structure or car parking space.

47 Site boundary arrangements

47 Site boundary arrangements

(1) A manufactured home (the proposed manufactured home) must not be installed within 1 metre of the boundary of an adjoining dwelling site unless—

(a) it is not practical to install a manufactured home on the part of the adjoining site that is within 2 metres of the proposed manufactured home, and

(b) a minimum 1 metre wide access will be provided along each external wall of the proposed manufactured home.

(2) This section does not apply to the installation of semi-detached manufactured homes on adjoining dwelling sites if they are separated by construction that complies with the fire safety and sound insulation provisions relating to class 1 buildings in the ABCB Housing Provisions Standard, Parts 9.3 and 10.7.

s 47: Am 2023 (71), Sch 1.5[2].

48 Garages

48 Garages

(1) A garage may adjoin a site boundary.

(2) A shared double carport or shared double garage may extend over a site boundary.

(3) Adjacent garages may adjoin along a shared site boundary.

(4) If a garage on a dwelling site is located within 900 millimetres of both the manufactured home and the site boundary of an adjoining dwelling site—

(a) the external walls of the manufactured home that face the garage must comply with the ABCB Housing Provisions Standard, Part 9.2 for class 1 buildings, or

(b) the external walls of the garage that face the manufactured home must comply with the ABCB Housing Provisions Standard, Part 9.2 for class 10 buildings.

s 48: Am 2023 (71), Sch 1.5[3].

49 Carports

49 Carports

(1) The following parts of a carport must be non-combustible—

(a) the roof covering,

(b) the ceiling lining,

(c) the wall cladding,

(d) the gable.

(2) A carport must have—

(a) at least 2 open sides, and

(b) a roof covering at least 500 millimetres from the manufactured home, associated structure or site boundary, and

(c) at least one-third of its perimeter open.

(3) A carport must not provide direct vertical support to the manufactured home.

(4) If a carport shares a roof with a manufactured home and the carport does not have a ceiling, the opening between the top of the wall of the manufactured home and the underside of the roof covering of the carport must be infilled with—

(a) a non-combustible material, or

(b) construction clad with non-combustible material on the carport side.

50 Associated structures not to contain habitable rooms

50 Associated structures not to contain habitable rooms

An associated structure must not be designed or modified to be capable of being used as a habitable room.

pt.2-div.4-sdiv.2 Design

Subdivision 2 Design

51 Structural soundness

51 Structural soundness

(1) A manufactured home and associated structure must be of a design certified by a practising structural engineer to be structurally sound.

(2) The engineer’s certificate must—

(a) certify that the manufactured home or associated structure complies with all relevant standards, codes and specifications, and

(b) include specifications for—

(i) the way in which the manufactured home or associated structure must be transported and installed, and

(ii) the footings, if any, on which the manufactured home or associated structure must be installed.

(3) Specifications for footings or tie-down systems must consider—

(a) the design gust wind speed, and

(b) the soil type, and

(c) other design considerations relevant to the location in which the manufactured home or structure will be installed.

(4) This section does not apply to fences or privacy screens.

52 Design gust wind speed

52 Design gust wind speed

(1) A manufactured home or associated structure must be designed in accordance with the following—

(a) AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions,

(b) AS/NZS 1170.2:2011, Structural design actions: Wind actions or AS 4055:2021, Wind loads for housing,

(c) AS/NZS 1170.3:2003, Structural design actions, Part 3: Snow and ice actions,

(d) AS 1170.4—2007, Structural design actions, Part 4: Earthquake actions in Australia.

(2) The design gust wind speed for the location of a manufactured home or associated structure is taken to be at least 41 metres per second.

53 Floor area of manufactured home

53 Floor area of manufactured home

The enclosed floor area of a manufactured home must be at least 35 square metres.

54 Floor areas of certain rooms

54 Floor areas of certain rooms

(1) The floor area of a bathroom in a manufactured home must be at least 2.2 square metres plus an additional—

(a) 0.6 square metre if the bathroom has a separate shower and bath, and

(b) 0.7 square metre if the bathroom has a toilet, and

(c) 1.6 square metres if the manufactured home does not include a separate laundry.

(2) The floor area of a shower room in a manufactured home must be at least 1.1 square metres.

(3) If a toilet is installed in a separate room in a manufactured home, the room must have—

(a) an area of at least 1.1 square metres, and

(b) a width of at least 0.8 metre.

(4) The floor area of a laundry in a manufactured home must be at least 1.6 square metres.

55 Ceiling height

55 Ceiling height

(1) The ceiling height of a habitable room in a manufactured home must be at least 2.4 metres.

(2) The ceiling height of a kitchen, laundry, hallway or other similar room or area in a manufactured home must be at least 2.1 metres.

56 Separation of kitchen areas

56 Separation of kitchen areas

A toilet must not be located in a room in a manufactured home that leads directly into a kitchen or other food preparation area unless the room containing the toilet is mechanically ventilated.

57 Lighting and ventilation

57 Lighting and ventilation

(1) A manufactured home must have adequate provision for light and ventilation.

(2) A habitable room in a manufactured home must have at least—

(a) 1 window, or

(b) 1 opening into an adjoining room that has at least 1 window.

(3) The window or opening, or a combination of both, in a habitable room must—

(a) have a total area of at least 10 per cent of the floor area of the room, and

(b) include an area of at least 5 per cent of the floor area of the room that is capable of being opened.

(4) If the habitable room has no windows, the window in the adjoining room must—

(a) have a total area of at least 10 per cent of the floor area of both the habitable room and the adjoining room, and

(b) include an area of at least 5 per cent of the floor area of both the habitable room and the adjoining room that is capable of being opened.

pt.2-div.4-sdiv.3 Construction

Subdivision 3 Construction

58 Termite shields

58 Termite shields

Shields or barriers must be provided in accordance with AS 3660.1—2014, Termite management, Part 1: New building work to protect structural members, if any, that are susceptible to attack by termites.

59 Glazing

59 Glazing

Glazing materials must be selected and installed in accordance with—

(a) AS 1288—2021, Glass in buildings—Selection and installation, and

(b) if safety glass is required—AS/NZS 2208:1996, Safety glazing materials in buildings.

60 External waterproofing

60 External waterproofing

The following parts of a manufactured home must be constructed to prevent rain or damp penetrating to the inner parts of the home—

(a) the roof,

(b) the external walls,

(c) the door and window frames.

61 Internal waterproofing

61 Internal waterproofing

(1) The following must consist of, or be covered by, material that is impervious to water—

(a) the floor of a bathroom or shower room, and

(b) the floor of a room containing a toilet or washing machine.

(2) The following must be impervious to water to a height of at least 1.8 metres above the floor—

(a) the wall surface of a shower enclosure, or

(b) for a shower that is not enclosed—a wall surface within 1.5 metres of the shower fitting.

(3) A wall surface within 75 millimetres of a bath, basin or other similar bathroom fixture must be impervious to water to a height of at least 150 millimetres above the fixture.

62 Plumbing and drainage

62 Plumbing and drainage

(1) All pipes and fittings in a manufactured home relating to water supply or sewerage must be installed in accordance with—

(a) the Plumbing and Drainage Act 2011 and the regulations made under that Act, and

(b) the requirements of a relevant statutory body.

(2) All pipes and fittings in a manufactured home relating to stormwater drainage must be installed in accordance with—

(a) the Plumbing Code of Australia, and

(b) the requirements of a relevant statutory body.

63 Electrical wiring

63 Electrical wiring

The electrical wiring in a manufactured home must comply with the Australian/New Zealand Wiring Rules.

64 Fire and smoke alarms

64 Fire and smoke alarms

(1) A manufactured home must be equipped with an automatic fire detection and alarm system that complies with the ABCB Housing Provisions Standard, Part 9.5 for class 1(a) buildings.

(2) This section does not apply to a manufactured home constructed before 1 January 1996.

s 64: Am 2023 (71), Sch 1.5[4].

pt.2-div.4-sdiv.4 Installation

Subdivision 4 Installation

65 Footings

65 Footings

(1) A manufactured home or associated structure must be installed on footings if required by the engineer’s certificate for the home or structure.

(2) The footings and tie-down system for the manufactured home or associated structure must be constructed in accordance with the engineer’s certificate.

(3) The clearance beneath the home or structure must—

(a) provide adequate underfloor cross-flow ventilation, and

(b) be—

(i) if termite shields are required to be installed—at least 400 millimetres, or

(ii) otherwise—at least 200 millimetres, or

(iii) a lesser clearance specified in the approval.

66 Installation to comply with specifications

66 Installation to comply with specifications

A manufactured home must be installed on a dwelling site in accordance with—

(a) the specifications set out in the engineer’s certificate for the manufactured home, or

(b) other specifications specified in the approval.

67 Compliance plate

67 Compliance plate

(1) A compliance plate must be attached to an accessible part of the following structures—

(a) a manufactured home,

(b) an associated structure forming part of a manufactured home,

(c) an associated structure comprising a freestanding garage.

(2) A compliance plate must specify the following—

(a) the name of the manufacturer of the manufactured home or associated structure,

(b) the unique identification number for each major section of the manufactured home,

(c) the month and year during which the manufactured home or associated structure was constructed,

(d) the design gust wind speed for the manufactured home or associated structure,

(e) a statement that the manufactured home or associated structure complies with this Division,

(f) the name of the practising structural engineer who issued the engineer’s certificate for the manufactured home.

(3) A unique identification number must be permanently marked on each major section of the manufactured home.

(4) The Minister may, by order published in the Gazette, issue specifications for the design, construction, issue and registration of compliance plates.

(5) A compliance plate must be designed, constructed, issued and registered in accordance with the specifications.

68 Notice of completion of installation

68 Notice of completion of installation

(1) The holder of an approval must give the council written notice of the installation of a manufactured home or associated structure within 7 days after its completion.

(2) The notice must—

(a) indicate the site identifier of the dwelling site on which the manufactured home or associated structure has been installed, and

(b) include the particulars specified on each compliance plate relating to the manufactured home or associated structure.

(3) The notice must be accompanied by—

(a) a copy of the engineer’s certificate for the manufactured home or associated structure, and

(b) a diagram of the dwelling site for the manufactured home or associated structure indicating whether the setback, density, open space and site identification requirements of this Part have been complied with.

Division 5 Miscellaneous

Division 5 Miscellaneous

69 Certificates of completion

69 Certificates of completion

(1) Within 5 business days after receiving written notice of the completion of the installation of a manufactured home or associated structure, the council must give the owner of the home or structure—

(a) a certificate of completion for the home or structure, or

(b) a written notice that states why a certificate of completion is not being issued.

(2) In determining whether or not to issue a certificate of completion, the council must consider the following matters—

(a) whether an engineer’s certificate for the manufactured home or associated structure is available,

(b) whether the installation of the manufactured home or associated structure complies with the specifications set out in the engineer’s certificate, if any,

(c) whether the setback, density, open space and site identification requirements of this Part have been complied with,

(d) whether a compliance plate is attached to the manufactured home or associated structure in accordance with section 67.

Part 3 Caravan parks, camping grounds and moveable dwellings

Part 3 Caravan parks, camping grounds and moveable dwellings

70 Application of Part

70 Application of Part

This Part applies to—

(a) the operation of caravan parks and camping grounds, and

(b) the installation of moveable dwellings, including manufactured homes, in caravan parks, camping grounds and a place other than a manufactured home estate.

pt.3-div.2-sdiv.1 Operation of caravan parks and camping grounds

Subdivision 1 Operation of caravan parks and camping grounds

71 Factors for consideration before approval is granted

71 Factors for consideration before approval is granted

(1) The council must not grant an approval unless satisfied it will be designed, constructed, maintained and operated—

(a) in accordance with Division 3, Subdivisions 1–8, or

(b) for a primitive camping ground—in accordance with Division 3, Subdivision 9.

(2) In deciding whether or not the approval allows the installation of a relocatable home, rigid annexe or associated structure on flood liable land, the council must consider the principles contained in the Floodplain Development Manual.

72 Matters to be specified in approval

72 Matters to be specified in approval

(1) An approval must specify the following—

(a) whether the approval allows—

(i) the operation of a caravan park only, or

(ii) the operation of a camping ground only, or

(iii) the operation of both a caravan park and a camping ground,

(b) for an approval allowing the operation of a caravan park—

(i) the number, size and location of long-term sites allowed by the approval, and

(ii) the number, size and location of short-term sites allowed by the approval, and

(iii) the number, size and location of dwelling sites, whether long-term or short-term, to be reserved for self-contained moveable dwellings, and

(iv) the location of off-site parking spaces, if any, for dwelling sites,

(c) for an approval allowing the operation of a camping ground—

(i) whether the camping ground is a primitive camping ground, and

(ii) for an approval for the operation of a primitive camping ground that designates camp sites—the number, size and location of the camp sites allowed by the approval, and

(iii) for an approval for the operation of a primitive camping ground that does not designate camp sites—the maximum number of caravans, campervans and tents permitted to use the camping ground at the same time, and

(iv) the location of off-site parking spaces, if any, for camp sites,

(d) the location of flood liable land, if any, in the caravan park or camping ground.

(2) The numbers, sizes and locations must be specified by reference to a community map.

(3) In calculating the number of tents permitted to use a camping ground, 2 or more tents occupied by a group of no more than 12 persons camping together must be counted as 1 tent.

73 Conditions of approval to operate caravan park or camping ground

73 Conditions of approval to operate caravan park or camping ground

(1) An approval is subject to the following conditions—

(a) the caravan park or camping ground must be designed, constructed, maintained and operated—

(i) in accordance with Division 3, Subdivisions 1–8, or

(ii) for a primitive camping ground—in accordance with Division 3, Subdivision 9,

(b) a visitor must not be permitted to stay in a moveable dwelling occupying a short-term site or camp site for more than 150 days in a 12 month period, unless—

(i) the moveable dwelling is a holiday van, and

(ii) the visitor is the owner of the holiday van,

(c) a visitor who is the owner of a holiday van occupying a short-term site or camp site must not be permitted to stay in the holiday van for more than 180 days in a 12 month period,

(d) a visitor must not be permitted to stay in a moveable dwelling in a primitive camping ground for more than 50 days in a 12 month period.

(2) In calculating the number of days a visitor stays in a moveable dwelling, only overnight stays must be counted.

(3) This section does not apply to the operation of a caravan park or camping ground if the caravan park or camping ground is being operated—

(a) solely in connection with the use of the land for a sporting, recreational or cultural event, and

(b) for a period of no more than 6 weeks.

(4) The manager of a caravan park or camping ground may authorise a person to stay in the caravan park or camping ground for a period not exceeding 2 years if the manager is reasonably satisfied that the person has been displaced as a result of—

(a) a natural disaster, or

(b) a pandemic.

(5) In this section—

manager of a caravan park or camping ground includes the owner, operator or caretaker of the caravan park or camping ground.

visitor does not include—

(a) a displaced person, or

(b) a resident manager of the caravan park or camping ground.

s 73: Am 2021 (631), Sch 1[1] [2].

73A Operation of caravan parks or camping grounds for which approval not required

73A Operation of caravan parks or camping grounds for which approval not required

(1) For the Act, section 68, the approval of the council is not required—

(a) to install a moveable dwelling or associated structure on land used for the purposes of a caravan park or camping ground that is permitted without development consent under State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 10, or

(b) to operate the caravan park or camping ground.

(2) To avoid doubt, Division 3 does not apply to development that is permitted without development consent under State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 10.

s 73A: Ins 2022 (148), sec 3.

pt.3-div.2-sdiv.2 Installation of moveable dwellings and associated structures in caravan parks and camping grounds

Subdivision 2 Installation of moveable dwellings and associated structures in caravan parks and camping grounds

74 Installations for which approval not required

74 Installations for which approval not required

(1) The approval of the council is not required for the installation of the following—

(a) a relocatable home or associated structure on a dwelling site within a caravan park if it is designed, constructed and installed in accordance with Division 4,

(b) a caravan, tent or annexe on a dwelling site within a caravan park if it is designed, constructed and installed in accordance with the Division 5,

(c) a tent on a camp site within a camping ground,

(d) a campervan—

(i) on a dwelling site within a caravan park, or

(ii) on a camp site within a camping ground,

(e) a moveable dwelling or associated structure on a dwelling site within a caravan park or a camp site within a camping ground if—

(i) the manager of the caravan park or camping ground is reasonably satisfied the installation is necessary to accommodate a displaced person, and

(ii) the moveable dwelling or associated structure is designed, constructed and installed in accordance with Division 4 or 5.

(2) The installation of the relocatable home, annexe, associated structure, caravan, campervan or tent must be carried out by, or with the consent of, the holder of the approval to operate the caravan park or camping ground.

(3) This section does not apply to the installation of a relocatable home, rigid annexe or associated structure—

(a) on flood liable land if the council has given written notice to the holder of the approval that the land is flood liable land, or

(b) with more than 1 storey.

75 Installation on flood liable land

75 Installation on flood liable land

(1) In deciding whether to approve the installation of a relocatable home, rigid annexe or associated structure on flood liable land in a caravan park or camping ground, the council must consider the principles set out in the Floodplain Development Manual.

(2) It is a condition of an approval to install a relocatable home or associated structure on flood liable land that the relocatable home and associated structure is designed, constructed and installed in accordance with Division 4.

(3) It is a condition of an approval to install a rigid annexe on flood liable land that the rigid annexe is designed, constructed and installed in accordance with Division 5.

76 Installation of relocatable home, rigid annexe or associated structure of more than 1 storey

76 Installation of relocatable home, rigid annexe or associated structure of more than 1 storey

In deciding whether to approve the installation in a caravan park or camping ground of a relocatable home, rigid annexe or associated structure with more than 1 storey, the council must consider the likely impact on the amenity of the occupiers of—

(a) an adjoining relocatable home, if any, and

(b) land adjoining the caravan park or camping ground.

pt.3-div.2-sdiv.3 Installation of moveable dwellings on land other than land in caravan parks or camping grounds

Subdivision 3 Installation of moveable dwellings on land other than land in caravan parks or camping grounds

77 Installations for which approval not required

77 Installations for which approval not required

(1) The approval of the council is not required for the installation of the following—

(a) 2 caravans or tents if they are not occupied for—

(i) more than 2 consecutive days, and

(ii) more than 60 days in a 12 month period,

(b) 1 caravan on land occupied by the owner of the caravan in connection with the owner’s dwelling house if the caravan is—

(i) used for habitation only by the owner or members of the owner’s household, and

(ii) maintained in a safe and healthy condition,

(c) a caravan on pastoral or agricultural land if the caravan is merely occupied seasonally by persons employed in pastoral or agricultural operations on the land, or

(d) a moveable dwelling or associated structure on land to accommodate a person who has been displaced as a result of a natural disaster if the moveable dwelling or associated structure is—

(i) maintained in a safe and healthy condition, and

(ii) removed within—

(A) 2 years after it is installed, or

(B) if the relevant local approvals policy for the moveable dwelling or associated structure specifies a longer period—the longer period.

(2) In this section—

caravan includes campervan.

relevant local approvals policy, for a moveable dwelling or associated structure, means the local approvals policy adopted in accordance with the Act, Chapter 7, Part 3 by the council of the local government area within which the moveable dwelling or associated structure is installed, as in force from time to time.

s 77: Am 2021 (631), Sch 1[3]–[5].

78 Approval not required for installation of caravan, campervan or tent on certain land

78 Approval not required for installation of caravan, campervan or tent on certain land

The approval of the council is not required for the installation of a caravan, campervan or tent on—

(a) a Crown reserve, or

(b) land reserved or dedicated under the National Parks and Wildlife Act 1974.

Note—

The use of caravans, campervans and tents on Crown reserves is dealt with under the Crown Land Management Act 2016.

The use of caravans, campervans and tents on lands reserved or dedicated under the National Parks and Wildlife Act 1974 is dealt with under that Act.

79 Plans must accompany applications for approval

79 Plans must accompany applications for approval

(1) An application for approval to install a moveable dwelling or associated structure must be accompanied by the following—

(a) 2 copies of the plans and specifications for the moveable dwelling,

(b) 2 copies of the plans and specifications for fences already erected or intended to be erected,

(c) 2 copies of the site plan of the land,

(d) 2 copies of a sketch plan of the moveable dwelling indicating—

(i) the height of the moveable dwelling, and

(ii) the proposed external configuration of the moveable dwelling in relation to the site.

(2) The plans must—

(a) be drawn to a suitable scale, and

(b) not be less than A4 size, and

(c) show the following—

(i) a plan of each floor section and elevation,

(ii) the levels of the lowest floor, including the open area, if any, and adjacent ground,

(iii) the height, design, construction and provision for fire safety and fire resistance, if any.

(3) Copies of the plans must be coloured or marked to adequately distinguish a proposed alteration, rebuilding or modification if the plans include a proposal to—

(a) carry out an alteration or rebuilding of an existing moveable dwelling, or

(b) modify plans and specifications submitted to the council.

(4) The specification of the moveable dwelling must—

(a) describe the construction and materials used to construct the moveable dwelling and the method of drainage, sewerage and water supply, and

(b) state whether the materials will be new or second-hand, including particulars of the second-hand materials, if any.

(5) This section does not apply to a moveable dwelling that is a vehicle capable of being registered.

80 Factors for consideration before approval is granted

80 Factors for consideration before approval is granted

In considering whether to approve the installation of a moveable dwelling or associated structure, the council must consider the following—

(a) whether development consent for the installation of the moveable dwelling or associated structure has been granted under the Environmental Planning and Assessment Act 1979,

(b) whether the installation of the moveable dwelling or associated structure contravenes the Environmental Planning and Assessment Act 1979 or an environmental planning instrument.

81 Conditions of approval—relocatable homes and associated structures

81 Conditions of approval—relocatable homes and associated structures

(1) An approval to install a relocatable home on land other than land in a caravan park or camping ground is subject to the condition that it must be designed, constructed and installed in accordance with Division 4, other than sections 133–136.

(2) An approval to install an associated structure on land other than land in a caravan park or camping ground is subject to the condition that it must be designed, constructed and installed in accordance with Division 4, other than sections 133–136.

(3) In Division 4—

(a) a reference to a caravan park is taken to be a reference to the land on which the relocatable home or associated structure will be installed, and

(b) a reference to an approval for a caravan park is taken to be a reference to the approval for the installation of the relocatable home or associated structure.

82 Conditions of approval—rigid annexes

82 Conditions of approval—rigid annexes

(1) An approval to install a rigid annexe on land other than land in a caravan park or camping ground is subject to the condition that it must be designed, constructed and installed in accordance with Division 5, Subdivisions 2 and 3.

(2) In Division 5, Subdivisions 2 and 3—

(a) a reference to a caravan park is taken to be a reference to the land on which the rigid annexe will be installed, and

(b) a reference to an approval for a caravan park is taken to be a reference to the approval for the installation of the rigid annexe.

pt.3-div.3-sdiv.1 Land and site requirements

Subdivision 1 Land and site requirements

83 Minimum size of caravan park or camping ground

83 Minimum size of caravan park or camping ground

(1) A caravan park must not have an area of less than—

(a) 1 hectare, or

(b) if a lesser area is permitted on the land by an environmental planning instrument—the lesser area.

(2) A camping ground is not required to have a minimum area.

84 Community amenities

84 Community amenities

(1) A minimum of 10% of the total land area of a caravan park or camping ground must be reserved for recreation or other communal activities.

(2) The council may allow a lower percentage, not less than 6% of the total land area of the caravan park or camping ground, to be reserved for recreation or other communal activities.

(3) Before allowing a lower percentage, the council must consider—

(a) the type and range of amenities to be provided, and

(b) other matters the council considers relevant.

85 Size of dwelling sites and camp sites

85 Size of dwelling sites and camp sites

(1) A long-term site must have an area of at least 80 square metres.

(2) A short-term site must have an area of at least 65 square metres.

(3) A camp site must have an area of at least—

(a) for a camp site for which a separate parking space is provided within 30 metres of the camp site—40 square metres, or

(b) otherwise—50 square metres.

86 Site identification

86 Site identification

(1) A dwelling site must be numbered or identified with its site boundaries clearly outlined.

(2) The site identification must be easily recognised.

pt.3-div.3-sdiv.2 Setbacks

Subdivision 2 Setbacks

87 Dwelling sites to have road frontage

87 Dwelling sites to have road frontage

A dwelling site must have vehicular access to an access road.

88 Setbacks of community buildings

88 Setbacks of community buildings

(1) A community building must not be located within 10 metres of the boundary of a caravan park, camping ground, dwelling site or camp site.

(2) The council may allow the following distances if satisfied the community building has been or will be properly screened, fenced, enclosed or otherwise treated—

(a) 3 metres or more from the boundary of a caravan park or camping ground, and

(b) 5 metres or more from the boundary of a dwelling site or camp site.

89 Setbacks of dwelling sites from road frontages

89 Setbacks of dwelling sites from road frontages

(1) A dwelling site or camp site must not be located closer than—

(a) 10 metres to a public road, or

(b) 3 metres to another boundary of the caravan park or camping ground.

(2) The council may allow a lesser distance if satisfied the dwelling site or camp site has been or will be properly screened, fenced, enclosed or otherwise treated.

90 Use of buffer zones

90 Use of buffer zones

Nothing in this Part prevents land within a required setback from being used for—

(a) community amenities, access roads, car parking spaces, footpaths or landscaping, or

(b) a similar purpose allowed by the council.

91 Separation distances

91 Separation distances

(1) A moveable dwelling must not be installed within the following distance of another moveable dwelling—

(a) if located on a long-term site—3 metres, or

(b) if located on a short-term site or camp site—2.5 metres.

(2) This section does not prohibit the installation of semi-detached relocatable homes on adjoining dwelling sites if they are separated by construction complying with the fire safety and sound insulation provisions in the ABCB Housing Provisions Standard, Parts 9.3 and 10.7 for class 1 buildings.

s 91: Am 2023 (71), Sch 1.5[2].

pt.3-div.3-sdiv.3 Roads

Subdivision 3 Roads

92 Entrance and exit roads

92 Entrance and exit roads

(1) A road forming an entrance to or exit from a caravan park or camping ground must be at least 7 metres wide.

(2) For a divided road, the width of the sealed portion of the road on either side of the median strip must be at least 5 metres.

(3) The council may specify in an approval the way in which an entrance or exit road must meet the sealed portion of other access roads.

93 Forecourt

93 Forecourt

A caravan park must have an area—

(a) to accommodate incoming vehicles, and

(b) measuring at least 4 metres by 20 metres.

94 Width of roads

94 Width of roads

(1) The width of an access road must be—

(a) for a two-way access road—at least 6 metres, and

(b) for a one-way access road—at least 4 metres.

(2) The direction of travel for a one-way access road must be indicated by means of conspicuous signs.

95 Speed limits

95 Speed limits

The speed limit on an access road must—

(a) not exceed 15 kilometres per hour, and

(b) be indicated by means of conspicuous signs.

96 Resident parking

96 Resident parking

(1) A caravan park or camping ground must contain at least 1 resident parking space for each dwelling site or camp site.

(2) The parking space for a dwelling site or camp site may be on-site or off-site.

(3) An off-site parking space must be marked to identify the dwelling site or camp site to which it relates.

Example—

An off-site space may marked by line marking, marker pegs or other similar markings.

(4) An off-site parking space for a dwelling site or camp site must be in the location specified in the approval.

(5) An off-site parking space must have minimum dimensions of—

(a) for angle parking—5.4 metres by 2.5 metres, and

(b) otherwise—6.1 metres by 2.5 metres.

97 Visitor parking

97 Visitor parking

(1) A caravan park or camping ground must contain at least 1 visitor parking space—

(a) for every 10 long-term sites in the caravan park or camping ground, and

(b) for every 20 short-term sites in the caravan park or camping ground, and

(c) for every 40 camp sites in the caravan park or camping ground, and

(d) for a remaining part, if any, of a number of sites specified in paragraphs (a)–(c).

Example—

A caravan or camping ground containing 90 short-term sites must contain at least 5 visitor parking spaces.

(2) At least 4 visitor parking spaces must be provided for a caravan park or camping ground.

(3) Each parking space must have minimum dimensions of—

(a) for angle parking—5.4 metres by 2.5 metres, or

(b) otherwise—6.1 metres by 2.5 metres.

(4) Visitor parking spaces must be clearly identified.

98 Visitor parking for people with disabilities

98 Visitor parking for people with disabilities

(1) A caravan or camping ground must contain—

(a) at least 1 visitor parking space for people with a disability (a disabled parking space), or

(b) if the caravan or camping ground contains 100 sites or more—at least 1 additional disabled parking space for—

(i) the first 100 sites, and

(ii) every further 100 sites, and

(iii) a remaining part, if any, of 100 sites.

Example—

A caravan or camping ground containing 235 sites must contain at least 3 disabled parking spaces.

(2) A disabled parking space must be—

(a) provided in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street parking, and

(b) clearly identified as a disabled parking space.

(3) A disabled parking space may be counted as a visitor parking space.

99 Road surfaces

99 Road surfaces

All access roads, including all passing and parking bays, must—

(a) have an all-weather sealed or other surface finish specified in the approval, and

(b) be adapted to the land to enable adequate drainage and remove excessive grades.

100 Lighting

100 Lighting

All access roads must be adequately lit between sunset and sunrise.

pt.3-div.3-sdiv.4 Utility services

Subdivision 4 Utility services

101 Water supply

101 Water supply

(1) A caravan park or camping ground must be—

(a) connected to a mains water supply, or

(b) provided with an alternative water supply service as specified in the approval.

(2) A dwelling site must be connected to the water supply service for the caravan park or camping ground.

(3) Each water supply connection must—

(a) be located within 30 metres of the 4 camp sites, and

(b) include a standpipe and hose tap.

(4) The water supply service must comply with—

(a) the Plumbing and Drainage Act 2011 and the regulations made under that Act, and

(b) the requirements of a relevant statutory body.

(5) The water supplied for human consumption or domestic purposes must comply with the Australian Drinking Water Guidelines 6 published in October 2011 by the National Health and Medical Research Council.

102 Sewerage

102 Sewerage

(1) A caravan park or camping ground must be—

(a) connected to a main sewer, or

(b) provided with an alternative sewage disposal system as specified in the approval.

(2) A long-term site must be connected to the sewage disposal system for the caravan park or camping ground.

(3) Short-term sites and camp sites in a caravan park or camping ground must be provided with at least 1 soil waste dump point—

(a) for the disposal of closet waste from caravan holding tanks, and

(b) located to permit adequate access by caravans and campervans.

(4) Short-term sites must be provided with a disposal point—

(a) for the disposal of sullage from a moveable dwelling installed on the site, and

(b) as specified in the approval.

(5) The sewage disposal system must comply with—

(a) the Plumbing and Drainage Act 2011 and the regulations made under that Act, and

(b) the requirements of a relevant statutory body.

(6) In this section—

sullage means domestic waste from baths, basins, showers, laundries and kitchens, including floor wastes.

103 Drainage

103 Drainage

(1) A caravan park or camping ground must be provided with a stormwater drainage system.

(2) All dwelling sites and camp sites must be adequately drained.

Note—

The Act requires stormwater drainage work to be carried out only with the approval of the council. The Local Government (General) Regulation 2005 specifies further requirements with respect to drainage.

104 Electricity supply

104 Electricity supply

(1) A dwelling site must be supplied with electricity from a reticulated electricity service.

(2) For a long-term site, the electricity must be supplied by means of an electrical circuit connected to a separate electricity meter.

(3) The electrical circuit must be installed in accordance with—

(a) for a long-term site—the Electricity Code of Practice, and

(b) for a short-term site—AS/NZS 3001:2008, Electrical installations—Transportable structures and vehicles including their site supplies.

(4) If a dwelling site is provided with electricity otherwise than by a direct connection to the local electricity supply authority’s electricity main, the occupant of the dwelling site may only be charged reasonable charges for the supply of the electricity.

105 Common trenches

105 Common trenches

A common trench may be used for the installation of services in accordance with guidelines provided in AMCORD.

pt.3-div.3-sdiv.5 Shower and toilet facilities

Subdivision 5 Shower and toilet facilities

106 Modification of calculations under this Subdivision

106 Modification of calculations under this Subdivision

In calculating the number of facilities under this Subdivision—

(a) 2 camp sites are taken to be equivalent to 1 dwelling site, and

(b) the following must not be included—

(i) dwelling sites reserved for use by self-contained moveable dwellings, and

(ii) dwelling sites provided with ensuite facilities.

107 Number of showers and toilets to be provided

107 Number of showers and toilets to be provided

(1) A caravan park or camping ground with less than 200 dwelling sites must be provided with the facilities specified in the Table to this section.

(2) A caravan park or camping ground with at least 200 dwelling sites must be provided with the facilities specified in the approval.

(3) In considering the facilities to specify in the approval, the council must consider the quantities specified in the Table to this section.

(4) In this section, a requirement for—

(a) a shower may be fulfilled by providing a bathtub, and

(b) a urinal may be fulfilled by providing—

(i) a urinal intended to be used by 1 person, or

(ii) a 600 millimetre length of a urinal facility.

Facilities for caravan parks or camping grounds with less than 200 sites

| Sites | Water closets | Urinals | Showers | Handbasins | | Female | Male | Female | Male | Female | Male | | 1–25 | 3 | 2 | 1 | 2 | 2 | 2 | 2 | | 26–50 | 5 | 3 | 2 | 3 | 3 | 3 | 3 | | 51–75 | 6 | 4 | 2 | 4 | 4 | 3 | 3 | | 76–100 | 7 | 4 | 2 | 5 | 5 | 4 | 4 | | 101–125 | 8 | 5 | 3 | 6 | 6 | 4 | 4 | | 126–150 | 9 | 6 | 3 | 7 | 7 | 5 | 5 | | 151–175 | 10 | 6 | 4 | 8 | 8 | 5 | 5 | | 176–199 | 11 | 7 | 4 | 9 | 9 | 6 | 6 |

108 Facilities for people with disabilities

108 Facilities for people with disabilities

(1) A caravan park or camping ground with at least 1, but less than 100 dwelling sites must have—

(a) at least 1 disabled bathroom for each sex, or

(b) at least 1 unisex disabled bathroom.

(2) A caravan park or camping ground with at least 100 dwelling sites must have—

(a) 2 disabled bathrooms for each sex, or

(b) 2 unisex disabled bathrooms, or

(c) 1 disabled bathroom for each sex and 1 unisex disabled bathroom.

(3) A disabled bathroom may be counted towards the required facilities for the caravan park or camping ground.

(4) In this section—

disabled bathroom means a room with shower, toilet and other associated facilities designed in accordance with AS 1428.1:2021, Design for access and mobility, Part 1: General requirements for access—New building work.

109 Other facilities

109 Other facilities

(1) All showers and handbasins required by this Subdivision must be supplied with hot and cold running water.

(2) A mirror must be provided—

(a) for each handbasin, or

(b) if 2 or more handbasins are provided together—for each pair of handbasins.

(3) The following must be provided in a facility containing toilets for the use of females—

(a) at least 1 sanitary napkin disposal unit, or

(b) for a facility containing at least 10 toilets for the use of females—at least 1 additional sanitary napkin disposal unit for—

(i) every 10 toilets, and

(ii) a remaining part, if any, of 10 toilets.

110 Construction of shower blocks and toilet blocks

110 Construction of shower blocks and toilet blocks

(1) Except as otherwise provided in an approval, the shower and toilet facilities in a caravan park or camping ground must be contained in a shower or toilet block—

(a) constructed of brick or concrete masonry block, and

(b) with a non-slip floor of tile or other impervious material adequately drained to outlets, and

(c) with smooth, hard, durable and water-resistant interior finishes, and

(d) containing shower recesses with tile or other impervious finishes to a height of at least 1.8 metres, and

(e) with tile or other impervious skirtings around water closet cubicle walls, and

(f) with tile or other impervious finish around handbasins, and

(g) with adequate lighting, both inside and outside, and adequate ventilation at all times, and

(h) with all walls, ceilings and floors, fixtures, fittings and appliances maintained in a clean and sanitary condition.

(2) A building containing both male and female facilities must be divided for the private use of each sex.

(3) Toilets must be provided in individual cubicles having a minimum floor area of 1.1 square metres and a minimum width of 0.8 metre.

111 Proximity of dwelling sites to shower blocks and toilet blocks

111 Proximity of dwelling sites to shower blocks and toilet blocks

(1) A long-term site must be located within 75 metres, measured in a straight line, of a shower or toilet block.

(2) A short-term site or camp site must be located within 100 metres, measured in a straight line, from a shower or toilet block.

(3) This section does not apply to a dwelling site—

(a) reserved for use by self-contained moveable dwellings, or

(b) provided with ensuite facilities.

pt.3-div.3-sdiv.6 Laundry facilities

Subdivision 6 Laundry facilities

112 Modification of calculations under this Subdivision

112 Modification of calculations under this Subdivision

In calculating the number of facilities under this Subdivision, 2 camp sites are taken to be equivalent to 1 short-term site.

113 Washing machines

113 Washing machines

(1) A caravan park or camping ground must be provided with at least—

(a) 1 washing machine for every 25 long-term sites, and

(b) 1 additional washing machine for a remaining part, if any, of 25 long-term sites exceeding 12, and

(c) 1 washing machine for every 30 short-term sites, and

(d) 1 additional washing machine for a remaining part, if any, of 30 short-term sites exceeding 15.

(2) At least 2 washing machines must be provided in a caravan park or camping ground.

114 Laundry tubs

114 Laundry tubs

(1) A caravan park or camping ground must be provided with—

(a) at least 1 laundry tub for every 50 long-term sites, and

(b) at least 1 additional laundry tub for a remaining part, if any, of 50 long-term sites, and

(c) at least 1 laundry tub for every 60 short-term sites, and

(d) at least 1 additional laundry tub for a remaining part, if any, of 60 short-term sites.

(2) At least 1 laundry tub must be provided in a caravan park or camping ground.

115 Clothes dryers

115 Clothes dryers

(1) A caravan park or camping ground must be provided with—

(a) at least 1 mechanical clothes dryer for every 60, and remaining part of 60 greater than 30, long-term sites, and

(b) at least 1 mechanical clothes dryer for every 80, and remaining part of 80 greater than 40, short-term sites.

(2) At least 1 mechanical clothes dryer must be provided in a caravan park or camping ground.

116 Drying areas

116 Drying areas

(1) A caravan park or camping ground must be provided with clothes line space at the rate of 2 metres of line for each dwelling site.

(2) At least 50 metres of clothes line space must be provided in a caravan park or camping ground.

117 Water supply

117 Water supply

Washing machines and laundry tubs required to be provided in a caravan park or camping ground must be supplied with both hot and cold water.

118 Ironing facilities

118 Ironing facilities

A caravan park or camping ground must be provided with at least 1 of each of the following for every 60, and remaining part of 60, short-term sites—

(a) an ironing board,

(b) an electric iron,

(c) a power point available for connection to an electric iron.

119 Construction of laundry blocks

119 Construction of laundry blocks

Except as otherwise provided in an approval, the laundry facilities in a caravan park or camping ground must be housed in a laundry block—

(a) constructed of brick or concrete masonry block, and

(b) with a non-slip floor of tile or other impervious material adequately drained to outlets, and

(c) with smooth, hard, durable and water-resistant interior finishes, and

(d) with adequate lighting, both inside and outside, and adequate ventilation at all times, and

(e) with walls, ceilings and floors, fixtures, fittings and appliances maintained in a clean and sanitary condition, and

(f) maintained in a serviceable and safe condition.

pt.3-div.3-sdiv.7 Management

Subdivision 7 Management

120 Maximum number of persons per dwelling site or camp site

120 Maximum number of persons per dwelling site or camp site

No more than 12 persons may be permitted to stay overnight at a dwelling site or camp site at the same time.

121 Register of occupiers

121 Register of occupiers

(1) A register of occupiers must be kept for a caravan park or camping ground.

(2) At least 1 person who occupies a dwelling site or camp site must be registered.

(3) The register must include the following particulars for the registration of a person—

(a) the person’s full name and address,

(b) the person’s dates of arrival and departure,

(c) the site identification of the site occupied by the person,

(d) if the person occupies a caravan or campervan—the registration number, if any, of the moveable dwelling,

(e) for a relocatable home—details of the compliance plate.

(4) The register must be available for inspection by an authorised person, free of charge, during normal working hours.

122 Information to be given to prospective occupiers

122 Information to be given to prospective occupiers

(1) The holder of an approval must enter an agreement with a person if—

(a) the person intends to occupy a dwelling site or camp site, or

(b) the person intends to occupy a long-term site for a holiday.

(2) The holder of the approval must give the person written notice of the conditions of occupation before entering the agreement.

(3) The notice must include the following information—

(a) the site identification of the dwelling site or camp site allocated to the person,

(b) the date, if any, on which it is agreed the person’s occupation of the dwelling site or camp site will cease,

(c) for an agreement relating to occupation of a short-term site or camp site— the maximum number of days the person may stay in a moveable dwelling on the site in a 12 month period,

(d) the rules of the caravan park or camping ground,

(e) a telephone number for contacting the holder of the approval, or their agent, in the event of an emergency,

(f) whether or not pets may be kept in the caravan park or camping ground and, if so, on what conditions,

(g) the nature and location of the amenities available for use by the person as an occupier of the dwelling site or camp site and the charges, if any, for use of the amenities,

(h) the location of each fire extinguisher, fire hose reel and fire hydrant that is installed within the park or ground,

(i) if the council has given written notice to the holder of the approval that land in the caravan park or camping ground is flood liable land or bush fire prone land—the location of the flood liable land or bush fire prone land,

(j) other matters affecting the person’s occupation of the dwelling site or camp site or use of the caravan park or camping ground and its amenities.

Note—

The Residential Parks Act 1998 and the regulations under the Act apply to certain residential tenancy agreements under which the residential premises consist of a moveable dwelling, or a site on which a moveable dwelling is situated, or both.

123 Use of caravan parks and camping grounds

123 Use of caravan parks and camping grounds

(1) A caravan park or camping ground must not be used—

(a) for a commercial purpose other than a caravan park or camping ground or an associated purpose, or

(b) for the manufacture, construction or reconstruction of moveable dwellings.

(2) A moveable dwelling installed in a caravan park or camping ground may be renovated, maintained or repaired.

Example—

Renovation, maintenance or repairs may include painting and the replacement of wall cladding or roof sheeting.

124 Community map

124 Community map

The council must be given a copy of the community map—

(a) as soon as practicable after an amendment is made to the map, and

(b) at other times reasonably required by the council.

125 Access to approval and community map

125 Access to approval and community map

(1) The holder of an approval must ensure copies of the following documents are available for inspection, free of charge, in the location specified in the approval—

(a) the approval for the caravan park or camping ground,

(b) the community map,

(c) this Regulation.

(2) A copy of the community map must be displayed in a prominent position in the caravan park or camping ground.

pt.3-div.3-sdiv.8 General

Subdivision 8 General

126 Garbage removal

126 Garbage removal

Arrangements specified in an approval must be implemented and maintained—

(a) for the removal of garbage, and

(b) to keep garbage receptacles in a clean and sanitary condition.

127 Fire hydrants

127 Fire hydrants

(1) No part of a dwelling site, camp site or community building within a caravan park or camping ground may be located more than 90 metres from a fire hydrant.

(2) A fire hydrant located within a caravan park or camping ground must—

(a) be a double-headed pillar-type fire hydrant, and

(b) be maintained to the standard specified in the approval.

128 Fire hose reels

128 Fire hose reels

(1) Fire hose reels must be installed so that each dwelling site or camp site in the caravan park or camping ground can be reached by a fire hose.

(2) The fire hose reels must be—

(a) constructed in accordance with AS/NZS 1221:1997, Fire hose reels, and

(b) installed in accordance with AS 2441—2005, Installation of fire hose reels.

(3) The holder of the approval must give the council a certificate (a fire hose reel certificate)—

(a) 7 days after the installation of a fire hose reel, and

(b) at least once each calendar year for each fire hose reel installed in the caravan park or camping ground.

(4) The fire hose reel certificate must state that—

(a) the fire hose reel has been inspected and tested by an appropriately qualified person, and

(b) on the date of inspection and testing, the fire hose reel is capable of performing to the required standard.

129 Car washing bay

129 Car washing bay

A caravan park must be provided with an area for washing vehicles.

130 Buildings

130 Buildings

(1) A building must not be erected in a caravan park or camping ground unless the approval allows the erection of the building.

(2) An approval may allow—

(a) the erection of a community building on land in the caravan park or camping ground that is not a dwelling site or camp site, and

(b) the erection of an ensuite facility on a dwelling site or camp site.

Note—

The erection of a community building may require development consent under the Environmental Planning and Assessment Act 1979.

pt.3-div.3-sdiv.9 Primitive camping grounds

Subdivision 9 Primitive camping grounds

131 Primitive camping grounds

131 Primitive camping grounds

(1) The maximum number of designated camp sites in a primitive camping ground must not exceed an average of 2 for each hectare in the camping ground.

(2) If the approval to operate a primitive camping ground does not designate camp sites, a council may impose a condition on the approval that the installation of tents, caravans, campervans and annexes is not permitted in specified areas of the primitive camping ground—

(a) for the health and safety of occupiers of the camping ground, or

(b) to ensure consistency with the principles of ecologically sustainable development, or

(c) for another purpose.

(3) The following conditions apply to a primitive camping ground—

(a) if at least 1 camp site is designated—camping is not permitted within the primitive camping ground other than on the designated camp site or sites,

(b) if no camp sites are designated—the maximum number of caravans, campervans and tents permitted to use the camping ground at the same time must not exceed an average of 2 for each hectare in the camping ground,

(c) a caravan, annexe or campervan must not be permitted to be installed within 6 metres of another caravan, annexe, campervan or tent,

(d) a tent must not be permitted to be installed within 6 metres of a caravan, campervan or an annexe or within 3 metres of another tent,

(e) the camping ground must be provided with a water supply, toilet and refuse disposal facilities as specified in the approval for the camping ground,

(f) unoccupied caravans, campervans and tents are not permitted to remain in the camping ground for more than 24 hours,

(g) if a fee is charged for camping—a register must—

(i) be kept in accordance with section 121, and

(ii) must specify the size of the group accompanying the registered person,

(h) fire fighting facilities required by the approval must be provided at the primitive camping ground.

(4) Subdivisions 1–8 do not apply to a primitive camping ground.

(5) The general manager of the council for the area in which a primitive camping ground is located may modify the conditions applying to the camping ground if the general manager is reasonably satisfied that it is necessary to accommodate displaced persons.

(6) In subsection (3)(b), 2 or more tents occupied by no more than 12 persons camping together must be counted as 1 tent.

(7) In this section—

average means the average calculated over the total area of the primitive camping ground.

pt.3-div.4-sdiv.1 General

Subdivision 1 General

132 Specifications for design, construction, installation, modification and extension of relocatable homes and associated structures

132 Specifications for design, construction, installation, modification and extension of relocatable homes and associated structures

(1) The Minister may, by order published in the Gazette, issue specifications for the design, construction, installation, modification and extension of relocatable homes and associated structures.

(2) The specifications may adopt, with or without modification, a rule, standard or code of practice.

(3) A relocatable home or associated structure must be designed, constructed, installed, modified and extended in accordance with the specifications.

133 Installation allowed only on dwelling sites

133 Installation allowed only on dwelling sites

(1) A relocatable home must only be installed in a caravan park on a dwelling site.

(2) This section does not apply to a relocatable home used solely as—

(a) a community amenity, or

(b) a manager’s or caretaker’s office or residence.

134 Relocatable homes to be constructed and assembled off-site

134 Relocatable homes to be constructed and assembled off-site

(1) A relocatable home must not be installed on a dwelling site unless each major section of the relocatable home is—

(a) constructed and assembled at a place of manufacture outside the caravan park, and

(b) transported to the caravan park from the place.

(2) The following work may be carried out on the dwelling site—

(a) the fixing of cornices,

(b) the setting of wall lining joints,

(c) the fitting of skirting boards and architraves,

(d) the grouting of tiles.

135 Installation allowed only if dwelling site is properly serviced

135 Installation allowed only if dwelling site is properly serviced

A relocatable home must not be installed on a dwelling site unless the dwelling site complies with Division 3.

136 One relocatable home per dwelling site

136 One relocatable home per dwelling site

No more than 1 relocatable home may be installed on a single dwelling site.

137 Setbacks for relocatable homes

137 Setbacks for relocatable homes

A relocatable home and an associated structure must not be located—

(a) within 1 metre of an access road, or

(b) within 2 metres of the boundary of the caravan park.

138 Site coverage

138 Site coverage

(1) A relocatable home must not be installed on a dwelling site if the relocatable home floor area is more than 65% of the site area.

(2) If there is no carport or garage on the dwelling site or other parking space for the home located separately from the site, the site must contain an area—

(a) with minimum dimensions of 6 metres by 3 metres, and

(b) accessible from an access road, and

(c) used for car parking.

(3) In this section—

relocatable home floor area means—

(a) the area occupied by—

(i) the relocatable home, and

(ii) associated structures or other buildings, excluding areas without a roof, and

(b) if there is no carport or garage on the dwelling site—an area of 18 square metres.

139 Garages

139 Garages

(1) A garage may adjoin a site boundary.

(2) A shared double carport or shared double garage may extend over a site boundary.

(3) Adjacent garages may adjoin along a shared site boundary.

(4) If a garage on a dwelling site is located within 900 millimetres of both the relocatable home and the site boundary of an adjoining dwelling site—

(a) the external walls of the relocatable home that face the garage must comply with the ABCB Housing Provisions Standard, Part 9.2 for class 1 buildings, or

(b) the external walls of the garage that face the relocatable home must comply with the ABCB Housing Provisions Standard, Part 9.2 for class 10 buildings.

s 139: Am 2023 (71), Sch 1.5[3].

140 Carports

140 Carports

(1) The following parts of a carport must be non-combustible—

(a) the roof covering,

(b) the ceiling lining,

(c) the wall cladding,

(d) the gable.

(2) A carport must have—

(a) at least 2 open sides, and

(b) a roof covering at least 500 millimetres from the relocatable home, annexe, associated structure or site boundary, and

(c) at least one-third of its perimeter open.

(3) A carport must not provide direct vertical support to the relocatable home.

(4) If a carport shares a roof with a relocatable home and the carport does not have a ceiling, the opening between the top of the wall of the relocatable home and the underside of the roof covering of the carport must be infilled with—

(a) a non-combustible material, or

(b) construction clad with non-combustible material on the carport side.

141 Associated structures not to contain habitable rooms

141 Associated structures not to contain habitable rooms

An associated structure must not be designed or modified to be capable of being used as a habitable room.

pt.3-div.4-sdiv.2 Design

Subdivision 2 Design

142 Structural soundness

142 Structural soundness

(1) The design of a relocatable home and associated structure must be certified by a practising structural engineer as structurally sound.

(2) The engineer’s certificate must—

(a) certify that the relocatable home or associated structure complies with all relevant standards, codes and specifications, and

(b) include specifications for—

(i) the way in which the relocatable home or associated structure must be transported and installed, and

(ii) the footings, if any, on which the relocatable home or associated structure must be installed.

(3) Specifications for footings or tie-down systems must consider—

(a) the design gust wind speed, and

(b) the soil type, and

(c) other design considerations relevant to the location in which the relocatable home or structure will be installed.

(4) This section does not apply to fences or privacy screens.

143 Design gust wind speed

143 Design gust wind speed

(1) A relocatable home or associated structure must be designed in accordance with the following—

(a) AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions,

(b) AS/NZS 1170.2:2011, Structural design actions: Wind actions or AS 4055:2021, Wind loads for housing,

(c) AS/NZS 1170.3:2003, Structural design actions, Part 3: Snow and ice actions,

(d) AS 1170.4—2007, Structural design actions, Part 4: Earthquake actions in Australia.

(2) The design gust wind speed for the location of a relocatable home or associated structure is taken to be at least 41 metres per second.

144 Floor area of relocatable home

144 Floor area of relocatable home

The enclosed floor area of a relocatable home must be at least 15 square metres.

145 Floor areas of certain rooms

145 Floor areas of certain rooms

(1) The floor area of a bathroom in a relocatable home must be at least 2.2 square metres plus—

(a) 0.6 square metre if the bathroom has a separate shower and bath, and

(b) 0.7 square metre if the bathroom has a toilet, and

(c) an additional 1.6 square metres if the relocatable home—

(i) does not include a separate laundry, and

(ii) is not used or intended to be used as a holiday van or park van.

(2) The floor area of a shower room in a manufactured home must be at least 1.1 square metres.

(3) If a toilet is installed in a separate room in a relocatable home, the room must have—

(a) an area of at least 1.1 square metres, and

(b) a width of at least 0.8 metre.

(4) The floor area of a laundry in a relocatable home must be at least 1.6 square metres.

146 Ceiling heights

146 Ceiling heights

(1) The ceiling height of a habitable room in a relocatable home must be at least 2.4 metres.

(2) The ceiling height of a kitchen, laundry, hallway or other similar room or area in a relocatable home must be at least 2.1 metres.

(3) For a habitable room with a sloping ceiling, the ceiling height may be less than 2.4 metres if—

(a) the floor area of the part of the room with a ceiling height of less than 2.4 metres does not exceed one-third of the floor area of the room, and

(b) the ceiling height is suitable for the intended function of the room.

147 Separation of kitchen areas

147 Separation of kitchen areas

A toilet must not be located in a room in a relocatable home that leads directly into a kitchen or other food preparation area unless the room containing the toilet is mechanically ventilated.

148 Lighting and ventilation

148 Lighting and ventilation

(1) A relocatable home must have adequate provision for light and ventilation.

(2) A habitable room in a relocatable home must have at least—

(a) 1 window, or

(b) 1 opening into an adjoining room that has at least 1 window.

(3) The window or opening, or a combination of both, in a habitable room must—

(a) have a total area of at least 10 per cent of the floor area of the room, and

(b) include an area of at least 5 per cent of the floor area of the room that is capable of being opened.

(4) If the habitable room has no windows, the window in the adjoining room must—

(a) have a total area of at least 10 per cent of the floor area of both the habitable room and the adjoining room, and

(b) include an area of at least 5 per cent of the floor area of both the habitable room and the adjoining room that is capable of being opened.

pt.3-div.4-sdiv.3 Construction

Subdivision 3 Construction

149 Termite shields

149 Termite shields

Shields or barriers must be provided in accordance with AS 3660.1—2014, Termite management, Part 1: New building work to protect structural members, if any, that are susceptible to attack by termites.

150 Glazing

150 Glazing

Glazing materials must be selected and installed in accordance with—

(a) AS 1288—2021, Glass in buildings—Selection and installation, and

(b) if safety glass is required—AS/NZS 2208:1996, Safety glazing materials in buildings.

151 External waterproofing

151 External waterproofing

The following parts of a relocatable home must be constructed to prevent rain or damp penetrating to the inner parts of the home—

(a) the roof,

(b) the external walls,

(c) the door and window frames.

152 Internal waterproofing

152 Internal waterproofing

(1) The following must consist of, or be covered by, material that is impervious to water—

(a) the floor of a bathroom or shower room, and

(b) the floor of a room containing a toilet or washing machine.

(2) The following must be impervious to water to a height of at least 1.8 metres above the floor—

(a) the wall surface of a shower enclosure, or

(b) for a shower that is not enclosed—a wall surface within 1.5 metres of the shower fitting.

(3) A wall surface within 75 millimetres of a bath, basin or other similar bathroom fixture must be impervious to water to a height of at least 150 millimetres above the fixture.

(4) The requirements of this section are taken to be satisfied if the relocatable home complies with AS 3740—2021, Waterproofing of domestic wet areas.

153 Plumbing and drainage

153 Plumbing and drainage

(1) All pipes and fittings in a relocatable home relating to water supply or sewerage must be installed in accordance with—

(a) the Plumbing and Drainage Act 2011 and the regulations made under that Act, and

(b) the requirements of a relevant statutory body.

(2) All pipes and fittings in a relocatable home relating to stormwater drainage must be installed in accordance with—

(a) the Plumbing Code of Australia, and

(b) the requirements of a relevant statutory body.

154 Electrical wiring

154 Electrical wiring

The electrical wiring in a relocatable home must comply with the Australian/New Zealand Wiring Rules.

155 Fire and smoke alarms

155 Fire and smoke alarms

(1) A relocatable home must be equipped with an automatic fire detection and alarm system that complies with the ABCB Housing Provisions Standard, Part 9.5 for class 1(a) buildings.

(2) This section does not apply to a relocatable home constructed before 1 January 1996.

s 155: Am 2023 (71), Sch 1.5[4].

pt.3-div.4-sdiv.4 Installation

Subdivision 4 Installation

156 Footings

156 Footings

(1) A relocatable home or associated structure must be installed on footings if required by the engineer’s certificate for the home or structure.

(2) The footings and tie-down system for the relocatable home or associated structure must be constructed in accordance with the engineer’s certificate.

(3) The clearance beneath the home or structure must—

(a) provide adequate underfloor cross-flow ventilation, and

(b) be measured from the lowest point of the underside of the home’s chassis or frame, and

(c) be—

(i) if termite shields are required to be installed—at least 400 millimetres, or

(ii) otherwise—at least 200 millimetres, or

(iii) a lesser clearance specified in the approval.

157 Installation to comply with specifications

157 Installation to comply with specifications

A relocatable home or associated structure must be installed on a dwelling site in accordance with—

(a) the specifications set out in the engineer’s certificate for the home or structure, or

(b) other specifications specified in the approval.

158 Compliance plate

158 Compliance plate

(1) A compliance plate must be attached to an accessible part of the following structures—

(a) a relocatable home,

(b) an associated structure forming part of a relocatable home,

(c) an associated structure comprising a freestanding garage.

(2) A compliance plate must specify the following—

(a) the name of the manufacturer of the relocatable home or associated structure,

(b) the unique identification number for each major section of the relocatable home,

(c) the month and year during which the relocatable home or associated structure was constructed,

(d) the design gust wind speed for the relocatable home or associated structure,

(e) a statement that the relocatable home or associated structure complies with this Division,

(f) the name of the practising structural engineer who issued the engineer’s certificate for the relocatable home,

(g) whether a relocatable home is intended for use as a park van or holiday van.

(3) A unique identification number must be permanently marked on each major section of the relocatable home.

(4) The Minister may, by order published in the Gazette, issue specifications for the design, construction, issue and registration of compliance plates.

(5) A compliance plate must be designed, constructed, issued and registered in accordance with the specifications.

159 Notice of completion of installation

159 Notice of completion of installation

(1) The holder of an approval must give the council written notice of the installation of a relocatable home or associated structure within 7 days after its completion.

(2) The notice must—

(a) indicate the site identifier of the dwelling site on which the relocatable home or associated structure has been installed, and

(b) include the particulars specified on each compliance plate relating to the relocatable home or associated structure.

(3) The notice must be accompanied by—

(a) a copy of the engineer’s certificate for the relocatable home or associated structure, and

(b) a diagram of the dwelling site for the relocatable home or associated structure indicating whether the setback, density, open space and site identification requirements of this Part have been complied with.

pt.3-div.5-sdiv.1 Caravans

Subdivision 1 Caravans

160 Setbacks for tents, caravans and associated structures and annexes

160 Setbacks for tents, caravans and associated structures and annexes

A tent or caravan, including an associated structure or annexe, must not be located—

(a) within 1 metre of an access road, or

(b) within 2 metres of the boundary of the camping ground or caravan park.

161 Site coverage

161 Site coverage

(1) A tent or caravan must not be installed on a dwelling site if the relevant floor area is more than 65% of the site area.

(2) If there is no carport or garage on the dwelling site or other parking space for the home located separately from the site, the site must contain an area—

(a) with minimum dimensions of 6 metres by 3 metres, and

(b) accessible from an access road, and

(c) used for car parking.

(3) In this section—

relevant floor area means the area occupied by—

(a) a tent, and

(b) a caravan, and

(c) an associated structure or annexe.

162 Maintenance

162 Maintenance

A caravan, including an associated rigid annexe, if any, installed in a caravan park must be maintained in a condition that is safe and healthy for the use of a person.

163 Only 1 caravan per dwelling site

163 Only 1 caravan per dwelling site

(1) No more than 1 caravan may be installed on a dwelling site.

(2) A caravan must not be installed on a dwelling site on which a relocatable home is installed.

164 Running gear

164 Running gear

The axles and draw bar of a caravan located on flood liable land must—

(a) not be removed, and

(b) be maintained in good working order.

pt.3-div.5-sdiv.2 Annexes

Subdivision 2 Annexes

165 Structural soundness

165 Structural soundness

(1) The design of a rigid annexe must be certified by a practising structural engineer as structurally sound.

(2) The engineer’s certificate must—

(a) certify that the rigid annexe complies with all relevant standards, codes and specifications, and

(b) include specifications for—

(i) the way in which the rigid annexe must be transported and installed, and

(ii) the footings, if any, on which the rigid annexe must be installed.

(3) Specifications for footings or tie-down systems must consider—

(a) the design gust wind speed, and

(b) the soil type, and

(c) other design considerations relevant to the location in which the annexe will be installed.

166 Design gust wind speed

166 Design gust wind speed

(1) A rigid annexe must be designed to resist loads in accordance with the following—

(a) AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions,

(b) AS/NZS 1170.2:2011, Structural design actions: Wind actions or AS 4055:2021, Wind loads for housing,

(c) AS/NZS 1170.3:2003, Structural design actions, Part 3: Snow and ice actions,

(d) AS 1170.4—2007, Structural design actions, Part 4: Earthquake actions in Australia.

(2) The design gust wind speed for the location of the rigid annexe is taken to be at least 41 metres per second.

167 Glazing

167 Glazing

Glazing materials must be selected and installed in accordance with—

(a) AS 1288—2021, Glass in buildings—Selection and installation, and

(b) if safety glass is required—AS/NZS 2208:1996, Safety glazing materials in buildings.

168 Floor area

168 Floor area

(1) The enclosed floor area of all annexes attached to a caravan must not exceed the enclosed floor area of the caravan.

(2) In this section, the floor area of a caravan with an internal width of less than 3.1 metres must be determined as if the width were 3.1 metres.

169 Installation of rigid annexe

169 Installation of rigid annexe

A rigid annexe must be installed in accordance with the specifications contained in the engineer’s certificate.

pt.3-div.5-sdiv.3 General

Subdivision 3 General

170 Wind resistance

170 Wind resistance

The following must be restrained in accordance with the specifications of a practising structural engineer to withstand the wind forces applying to the terrain category in which the site is located—

(a) a caravan installed on a long-term site for more than 150 days, and

(b) a holiday van or park van installed on a dwelling site.

171 Compliance plates to be attached

171 Compliance plates to be attached

(1) A compliance plate must be attached to an accessible part of a rigid annexe.

(2) A compliance plate must specify the following—

(a) the name of the manufacturer of the rigid annexe,

(b) the month and year during which the rigid annexe was constructed,

(c) the design gust wind speed for the rigid annexe,

(d) a statement that the rigid annexe complies with this Division,

(e) the name of the practising structural engineer who issued the engineer’s certificate for the rigid annexe.

172 Notice of completion of installation of rigid annexe

172 Notice of completion of installation of rigid annexe

(1) The holder of an approval must give the council written notice of the installation of a rigid annexe within 7 days after its completion.

(2) The notice must—

(a) indicate the site identifier of the dwelling site on which the rigid annexe has been installed, and

(b) include the particulars specified on each compliance plate relating to the rigid annexe.

(3) The notice must be accompanied by—

(a) a copy of the engineer’s certificate for the rigid annexe, and

(b) a diagram of the dwelling site for the rigid annexe indicating whether the setback, density, open space and site identification requirements of this Part have been complied with.

Part 4 Miscellaneous

Part 4 Miscellaneous

172A Definition

172A Definition

In this division—

construction workers accommodation means development carried out under State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 13 that involves the installation of a moveable dwelling and associated structures.

s 172A: Ins 2024 (635), Sch 1.

172B Application of regulation to construction workers accommodation

172B Application of regulation to construction workers accommodation

This regulation does not apply to construction workers accommodation except as otherwise provided by this division.

s 172B: Ins 2024 (635), Sch 1.

172C Design, construction and installation

172C Design, construction and installation

(1) Part 2, Division 4, Subdivisions 2–4 apply to construction workers accommodation comprising a manufactured home.

(2) Part 3, Division 4, Subdivisions 2–4 apply to construction workers accommodation comprising a moveable dwelling that is not a manufactured home.

s 172C: Ins 2024 (635), Sch 1.

172D Installation on flood liable land

172D Installation on flood liable land

(1) Before approving the installation of construction workers accommodation on flood liable land, the council must consider the principles in the Floodplain Development Manual.

(2) It is a condition of an approval to install construction workers accommodation comprising a manufactured home on flood liable land that the manufactured home is designed, constructed and installed in accordance with Part 2, Division 4, Subdivisions 2–4, as applied under section 172C(1).

s 172D: Ins 2024 (635), Sch 1.

172E Separation distances

172E Separation distances

A moveable dwelling must not be installed within 3m of another moveable dwelling.

s 172E: Ins 2024 (635), Sch 1.

172F Roads

172F Roads

(1) A road forming an entrance to or exit from construction workers accommodation must be at least 7m wide.

(2) Sections 92(2) and (3) and 94 apply to construction workers accommodation.

s 172F: Ins 2024 (635), Sch 1.

172G Fire hydrants

172G Fire hydrants

(1) No part of a moveable dwelling or building in the construction workers accommodation may be located more than 90m from a fire hydrant.

(2) The fire hydrant must be—

(a) a double-headed pillar-type fire hydrant, and

(b) maintained to the standard specified in the approval to install a manufactured home, moveable dwelling or associated structure.

s 172G: Ins 2024 (635), Sch 1.

173 Inspections

173 Inspections

In exercising its powers under the Act to enter and inspect a manufactured home estate, a caravan park or a camping ground, the council must ensure the inspection is carried out, as far as practicable, with—

(a) the holder of the approval for the manufactured home estate, caravan park or camping ground, or

(b) an agent of the holder of the approval.

174 Repeal

174 Repeal

(1) (Repealed)

(2) The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is repealed.

s 174: Am 2022 (497), sec 4; 2025 (454), Sch 2.

175 Savings

175 Savings

Any act, matter or thing that, immediately before the repeal of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, had effect under the Regulation is taken to have effect under this Regulation.