BUILDING ACT 1975 - SECT 245XN Notice to contribute for urgent fencing work

BUILDING ACT 1975 - SECT 245XN

245XN Notice to contribute for urgent fencing work

(1) This section applies if—

(a) an owner carried out urgent fencing work under section 245XK ; and

(b) an adjoining owner is responsible for all or some of the costs of carrying out the fencing work under section 245XH .

(2) The owner may require the adjoining owner to contribute the adjoining owner’s share of any reasonable cost incurred for the urgent fencing work by giving a notice to the adjoining owner.

(3) Reasonable costs incurred for urgent fencing work may include the cost of using a temporary fence as part of a pool barrier if use of the temporary fence was reasonable in the circumstances.

(4) The notice must—

(a) be in the approved form; and

(b) state the following—

(i) a description of the fencing work carried out, including the design, dimensions and materials used;

(ii) the reason urgent fencing work was required;

(iii) if a temporary fence was used—the reason for using the temporary fence;

(iv) any cost incurred for the fencing work;

(v) the proposed contributions for the fencing work; and

(c) include a receipt for the cost incurred for the fencing work.

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