Manufactured Homes
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, 2021 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, 2021.
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).
A Section 68 approval to install a relocatable home or an associated structure on land, no longer needs a separate application. The required plans and specifications referred to in Clause 79 of the Local Government Regulation 2005 must be included with the Development Application submitted on the NSW Planning Portal. Assessment of the Section 68 requirement will be conducted in conjunction with Development Application assessment and any conditions under Section 68 will be included in the conditions of consent within the Development Consent.
Fees for this application for assessment and inspections will be required at the time of lodgement and payment of the Development Application fees.
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.
At completion of the installation
A request for a final inspection will be required, this must be accompanied by a Notice of Completion application form and sent directly to Council. Note: The application for Construction Certificate and Occupation Certificate will be required to be submitted via the NSW Planning Portal.
Land subject to an On-Site Sewage Management System for the Manufactured Home
A Section 68 Application for an On-Site Sewage Management System for the home will be required to be submitted on the NSW Planning Portal for assessment prior to Development Consent being granted.
Further Information