New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 42

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.

(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 relevant alteration, addition or replacement is or would be designed, constructed or installed in breach of the Local Government Act 1993 , the Environmental Planning and Assessment Act 1979 or any approval, consent or certificate under either or both of those Acts.

(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.