42Alterations and additions to, and replacement of, homes

#### 42 Alterations and additions to, and replacement of, homes 42 Alterations and additions to, and replacement of, homes > > (1) A home owner must not, except with the written consent of the operator of the community or unless the site agreement otherwise provides— > > > > > (a) make any alteration to the exterior of the home (other than painting or minor repairs) or add a fixture to the residential site, or > > > > > (b) replace the home with another home. > > > (2) The operator must not unreasonably withhold or refuse the consent. > > > (3) The consent may be given with reasonable conditions. > > > (3A) A home owner may, without the operator’s consent— > > > > > (a) install door screens or window locks, screens or shutters on the home, or > > > > > (b) make any other minor alterations or additions to the home prescribed by the regulations. > > > (3B) The alteration of, an addition to, or the replacement of, a home must not contravene— > > > > > (a) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and the regulations made under that Act, or > > > > > (b) the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and the regulations made under that Act, or > > > > > (c) an approval, consent or certificate under an Act or law referred to in paragraphs (a) and (b). > > > (4) The Tribunal may, on application by the home owner, order that any alteration, addition or replacement requiring consent can be carried out without consent if the Tribunal finds that the withholding or refusal of consent is unreasonable or that unreasonable conditions were imposed. > > > (5) The Tribunal must not make an order under this section if the alteration, addition or replacement would contravene an Act or law, or an approval, consent or certificate, referred to in subsection (3B)(a)–(c). > > > (6) A home located on a residential site is not, for any purpose, to be regarded as a fixture, regardless of the manner in which it is attached to the land. This subsection does not apply to a home that is owned by the owner of the community. > > > (7) Without limiting subsection (6), a fixture added to a residential site by a home owner remains the property of the home owner and does not become part of the land, and the home owner may remove it at any time or sell it as part of the home. > > **s 42:** Am 2024 No 46, Sch 1\[8\] \[9\].