LAND LEASE COMMUNITY FACTSHEET

Local Government Act & Regulations - sites, separation distances and setbacks

Download this factsheet as a pdf

Owners and operators of residential land lease communities (also called manufactured home estates, caravan parks and residential parks) have certain obligations under the Local Government Act 1993 and Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation (the Regulation).

The Regulation is made under the Local Government Act 1993 and it is updated from time to time. The current version is the 2021 Regulation but in some situations an older Regulation may apply.

This factsheet explains the law in New South Wales about site coverage, separation distances and setbacks in land lease communities.

Terminology

The Local Government Act and Regulations still use the terms caravan park and manufactured home estate - both are land lease communities.

Manufactured home estates

The Regulation sets the rules about the placement of manufactured homes on dwelling sites in manufactured home estates (MHEs). These rules include the following:

  • A dwelling site in a MHE must have an area of at least 130 square metres (clause 14).
  • A manufactured home must not be located closer than 1 metre to a road or reserve or closer than 2 metres to the boundary of the MHE (clause 44).  
  • A manufactured home and associated structure must not take up more than 65% of the area of the site. This is based on the floor plan of the home plus the area of any associated structure with a roof (carport, garage, shed, pergola, verandah etc.). If there is no garage or carport then 18 square metres must be added to the floor plan of the home to give the overall total square metres (clause 45).
  • If there is no carport or garage on the site then an area with the minimum dimensions of 6 metres by 3 metres which is accessible from an access road and useable as a parking space must be provided on the site (clause 45).
  • A dwelling site must have at least 30 metres of open space (space where there is no structure or car parking space). This open space must include an area with a minimum width and depth of 3 metres (clause 46).
  • A manufactured home must not be installed closer than 1 metre to the boundary of any adjoining dwelling site. In some circumstances a home can be installed closer to the boundary provided the occupier has access at least 1 metre wide along each external wall of the home (clause 47).

Garages and carports

A garage may adjoin a site boundary. A shared double carport or shared double garage may extend over a site boundary and adjacent garages may adjoin each other along a shared site boundary (clause 48).

Caravan parks

The Regulation provides a different set of rules for the installation of homes on sites in caravan parks but many of them reflect the rules for MHEs.

  • A dwelling site for long-term use in a caravan park must have an area of at least 80 square metres (clause 85).
  • A moveable dwelling must not be installed closer to any other moveable dwelling than 3 metres (if on a long-term site), or 2.5 metres (if on a short-term site) (clause 91).
  • A relocatable home or associated structure must not be located closer than 1 metre to an access road or 2 metres to the boundary of the park (clause 137).
  • A relocatable home and associated structure must not take up more than 65% of the area of the site. This is based on the floor plan of the home plus the area of any associated structure with a roof, for example a carport. If there is no garage or carport then 18 square metres must be added to the floor plan of the home to give the overall total square metres (clause 138).
  • If there is no carport or garage on the site then an area with the minimum dimensions of 6 metres by 3 metres which is accessible from an access road and useable as a parking space must be provided on the site (clause 138).

Garages and carports

A garage may adjoin a site boundary. A shared double carport or shared double garage may extend over a site boundary and adjacent garages may adjoin each other along a shared site boundary.

Compliance

If you have any concerns about compliance with the Regulation you should raise them with your local council. They are responsible for ensuring that operators comply with both the Local Government Act and its Regulations.

Complaints about local councils

If your local council is not meeting its obligations under the Local Government Act you can make a complaint to the NSW Ombudsman. For information regarding what you can complain about and how to complain go to: ombo.nsw.gov.au

 

Updated October 2021

 

⮕  Land lease community factsheets