The Local Government Act, 1993 defines a “Manufactured Home” as a self contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom and living area and that also includes toilet and laundry facilities), being a dwelling:
- that comprises one or more major sections, and
- that is not a motor vehicle, trailer or other registerable vehicle within the meaning of the “Road Transport Act, 2013” and includes any associated structures that form part of the dwelling.
‘Moveable dwelling’ is defined as:
- any tent, or any caravan or other van or portable device (whether on wheels or not), used for human habitation, or
- a manufactured home, or
- any conveyance, structure of thing of a class or description prescribed by the regulations for the purposes of this definition.
In the Environmental Planning and Assessment Act, 1979 ‘manufactured home’ and ‘associated structure’ each has the same meaning as in the Local Government Act, 1993.
‘Associated structure’ is defined in the Local Government Act, 1993 as:
- a carport, garage, shed, pergola, verandah or other structure designed to enhance the amenity of a moveable dwelling and attached to or integrated with, or located on the same site as, the dwelling concerned, or
- a separating wall between two moveable dwellings.
The Local Government (Manufactured Homes, Caravan, Camping Grounds and Moveable Dwellings) Regulation, 2005 refers to ‘install’ rather than ‘erect’ a relocatable home. Installation of a relocatable home involves connecting together its major sections (and any associated structures that form part of the home) and attaching them to footings. It also includes connection of gas, electricity, telephone, water, sewerage and drainage. (See definition of ‘installation’ in Clause 4 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation, 2005.
IS APPROVAL NEEDED TO INSTALL A RELOCATABLE HOME?
The installation of a relocatable home or associated structure on land other than in a Caravan Park or Manufactured Home Estate requires approval under Section 68 of the Local Government Act (as an activity within Item A1 in the table to that section).
In applying for a Section 68 approval to install a relocatable home or an associated structure on land, the applicant needs to submit an application with the plans and specifications referred to in Clause 79 of the Local Government Regulation 2005. The installation (if approved) will have to comply with all of the design, construction and installation requirements of Division 4 of Part 3 of that Regulation (Clauses 133-136 excepted).
The requirements of Division 4 include that the home or associated structure must:
- be of a design certified by a practicing Structural Engineer as structurally sound,
- be installed in accordance with the specifications in the Engineer’s Certificate or such other specifications as are in the approval for the installation on the land,
- have compliance plates attached.
The requirements are intended to ensure that the home meets relevant health, safety and amenity standards.
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Development Consent will be required for the purpose of installation a Manufactured Home.
IS A CONSTRUCTION CERTIFICATE REQUIRED?
A garage, carport, verandah or other structure proposed to be incorporated in or added to a Manufactured Home and which is to be constructed on site will need Development Consent and a Construction Certificate (alternatively a Complying Development Certificate, where applicable) under the Environmental Planning and Assessment Act, 1979 for that component or item of the building work.
Copies of the relevant legislation, including the Local Government Act, 1993, Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation, 2005, Environmental Planning and Assessment Act, 1979 and Environmental Planning and Assessment Regulation 2000 can be found via these links.