Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 245XD

245XD Right to alter or replace existing dividing fence for the purpose of a pool barrier

(1) This section applies if—

(a) there is a dividing fence (the
"existing dividing fence" ) between 2 parcels of adjoining land; and

(b) there is, or is proposed to be, a regulated pool on only 1 of the parcels that will use all or part of the dividing fence to form part of the barrier for the regulated pool.

(2) The pool owner may alter or replace all or part of the existing dividing fence if—

(a) the pool owner and adjoining owner have agreed about carrying out the fencing work; or

(b) QCAT has ordered that the fencing work be carried out.

(3) The pool owner may alter or replace all or part of the existing dividing fence without the adjoining owner having agreed about carrying out the fencing work if—

(a) the new fence will, when complete, form part of the barrier for the regulated pool that complies with the pool safety standard; and

(b) the new fence will, when complete, be a sufficient dividing fence; and

(c) the new fence is constructed using similar materials and colours to those of the existing dividing fence if the use of the materials would not prevent compliance with paragraph (a) and (b) ; and

Note—

Some of the materials acceptable as constituting a sufficient dividing fence would not comply with the pool safety standard.

(d) the pool owner gives the adjoining owner a notice of proposed fencing work at least 14 days before the proposed fencing work is carried out.

(4) Also, if the existing dividing fence is a special purpose fence, the new fence must—

(a) continue to serve the particular purpose that the existing fence serves; and

(b) comply with all the requirements applying to the existing dividing fence, including, for example, requirements about the design of the fence, the materials to be used in the fence or the dimensions of the fence.

(5) Also, if the existing dividing fence is more than 1.8m in height, the new fence must, despite subsection (3) (b) , be the same height as the existing dividing fence but otherwise be a sufficient dividing fence.

(6) In this section—

"new fence" means a fence that has been altered or is a replacement of an existing fence.