Moveable Dwellings on Land Affected by Bushfire

If you intend to live on your property while your dwelling is being rebuilt you will need approval to install a manufactured home, moveable dwelling, temporary shelter or other similar structure on it.

The installation of moveable dwellings elsewhere than in caravan parks or camping grounds is controlled under the provisions of The Local Government (Manufactured Home Estates, Caravan parks and Moveable Dwellings) Regulation 2005. This Regulation provides circumstances where approval from Council must be obtained prior to the installation of a moveable dwelling on land outside of a caravan park and provides exemptions for situations where the prior approval of Council is not required.

Where it is necessary to obtain the prior approval of Council, the appropriate Application Form must be completed with the payment of the prescribed fee. The Regulation provides for the submission of necessary plans and other information that is required to accompany the Application as well as stipulating certain design and construction details (depending on the nature of the dwelling proposed).

Generally, approval to install a moveable dwelling on land that is outside of a caravan park will be granted for a maximum period of 12 months and is usually granted in conjunction with the construction of a residential dwelling on the land where the owner is seeking to reside in the moveable dwelling while the residential dwelling is being built. An Application to reside in a moveable dwelling under such circumstances for a longer period of 12 months will be considered on the particular merits of the situation.

Further information

For the purpose of the Regulation a moveable dwelling means any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or a manufactured home.

An associated structure is any carport, shed, veranda or other structure designed to enhance a moveable dwelling. An associated structure must not be designed or modified so as to be useable as a habitable room.

A manufactured home is a cabin, shack or other structure which is comprised of one or more sections. These sections are typically constructed and assembled in a different location from where they are erected. A manufactured home must include at least one bedroom, living area, kitchen, bathroom, toilet and laundry facility. A structure cannot be counted as a manufactured home if it can be registered as a vehicle.

Where connected to services, moveable dwellings are regarded by NSW RFS as habitable buildings and compliance with Planning for Bushfire Protection 2001 is required.

Who to contact

For further guidance regarding demolition or rebuilding fire damaged structures please contact Council’s Building Approval and Certification Team on (02) 4677 1100.

Links to relevant websites:
NSW Local Government Act (external link)

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (external link)