Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 39

39 Application after unauthorised construction or demolition

(1) If an owner constructs or demolishes a dividing fence without authorisation, the adjoining owner may apply to QCAT for an order requiring the owner to remove, modify or rectify the fence.

(2) The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard.

(3) On application under this section, QCAT may make an order requiring the owner to—

(a) remove, modify or rectify the fence; and

(b) bear the costs of the removal, modification or rectification.