BUILDING ACT 1975 - SECT 245XI Attaching things to a dividing fence forming part of a pool barrier

BUILDING ACT 1975 - SECT 245XI

245XI Attaching things to a dividing fence forming part of a pool barrier

(1) An owner, or a person who has entered the owner’s land with the owner’s express consent, must not, without the consent of the adjoining owner, attach a thing to a dividing fence forming part of a pool barrier that unreasonably and materially alters or damages the fence.

Examples of an attachment—

carport, shade sails, lattice work, canvas, signs

(2) However, subsection (1) does not apply if the thing was attached to the fence to make the fence comply with the pool safety standard.

(3) If an owner does not comply with this section, the adjoining owner may—

(a) apply to QCAT for an order requiring the owner to remove the thing attached and restore the dividing fence to a reasonable standard, having regard to its state before the thing was attached; or

(b) carry out urgent fencing work under section 245XK to restore the dividing fence to a reasonable standard, having regard to its state before the thing was attached.