Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 245XH

245XH Apportioning cost of constructing etc. dividing fence forming part of a pool barrier

(1) This section applies to carrying out relevant fencing work in relation to a dividing fence forming part of a pool barrier along the common boundary between 2 parcels of adjoining land.

(2) If the dividing fence forms part of a barrier for a regulated pool on only 1 parcel of adjoining land—

(a) to the extent the work is attributable to a pool owner complying with section 232 (1) , the cost of carrying out the work is to be borne solely by the pool owner; and

(b) to the extent the work is not attributable to a pool owner complying with section 232 (1) , the cost of carrying out the work is to be borne equally by the pool owner and adjoining owner.

(3) However, the entire cost of a pool owner carrying out the following fencing work is to be borne solely by the pool owner—

(a) altering or replacing a special purpose fence; or

(b) altering or replacing a dividing fence to which section 245XD (5) applies.

Note—

Section 245XD (5) applies to an existing fence more than 1.8m in height.

(4) If the dividing fence forms part of a barrier for a regulated pool on each of the 2 parcels of adjoining land—

(a) to the extent the work is attributable to both pool owners complying with section 232 (1) , the cost of carrying out the work is to be borne equally by both pool owners; and

(b) to the extent the work is not attributable to both pool owners complying with section 232 (1) but is attributable to 1 of the pool owners (the
"remaining owner" ) complying with section 232 (1) , the cost of carrying out the work is to be borne solely by the remaining owner; and

(c) to the extent the work is not attributable to either pool owner complying with section 232 (1) , the cost of carrying out the work is to be borne equally by both pool owners.

(5) Despite subsection (2) or (4) , if the relevant fencing work is altering or maintaining only 1 side of the dividing fence, the cost of carrying out the work is to be borne solely by the owner of the land on that side of the dividing fence.

(6) Despite subsections (2) to (5) , if the dividing fence is damaged or destroyed by an act or omission to which section 245XJ applies, the cost of restoring the dividing fencing is to be borne solely by the owner who, under that section, is responsible for the damage or destruction.

(7) In this section—

"relevant fencing work" means any of the following—

(a) constructing a dividing fence forming part of a pool barrier;

(b) altering or replacing a dividing fence along a common boundary to create a dividing fence forming part of a pool barrier;

(c) maintaining a dividing fence forming part of a pool barrier.