Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 245XE

245XE Right to construct part of the barrier for 2 neighbouring pools along the common boundary or alter or replace existing fence

(1) This section applies if—

(a) there is, or is proposed to be, a regulated pool on each of 2 parcels of adjoining land; and

(b) each regulated pool will use the same part, along the common boundary, of a barrier for a regulated pool.

(2) Either pool owner may—

(a) construct, along the common boundary, the part of the barrier for the pools; or

(b) alter or replace an existing dividing fence to form part of the barrier for the pools; or

(c) attach a thing to the barrier that does not unreasonably and materially alter or damage the fence.

(3) However, a pool owner may act under subsection (2) (a) or (b) only if—

(a) both pool owners have agreed about carrying out the fencing work; or

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

(4) Before carrying out fencing work mentioned in subsection (2) (a) or (b) , a pool owner must give the other pool owner a notice of proposed fencing work, unless QCAT has ordered that the fencing work be carried out.

(5) If, within 1 month after the notice is given, the pool owners have not agreed about the proposed fencing work to be carried out or their contributions to the proposed fencing work, either pool owner may, within 2 months after the notice is given, apply to QCAT for an order under section 245XQ .