QLDIn ForceAct
Building Act 1975
sec.245XNNotice to contribute for urgent fencing work
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### sec.245XN Notice to contribute for urgent fencing work
This section applies if—
an owner carried out urgent fencing work under section 245XK ; and
an adjoining owner is responsible for all or some of the costs of carrying out the fencing work under section 245XH .
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.
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.
The notice must—
be in the approved form; and
state the following—
a description of the fencing work carried out, including the design, dimensions and materials used;
the reason urgent fencing work was required;
if a temporary fence was used—the reason for using the temporary fence;
any cost incurred for the fencing work;
the proposed contributions for the fencing work; and
include a receipt for the cost incurred for the fencing work.
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 .
s 245XN ins 2011 No. 27 s 218
(sec.245XN-ssec.1) This section applies if— an owner carried out urgent fencing work under section 245XK ; and an adjoining owner is responsible for all or some of the costs of carrying out the fencing work under section 245XH .
(sec.245XN-ssec.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.
(sec.245XN-ssec.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.
(sec.245XN-ssec.4) The notice must— be in the approved form; and state the following— a description of the fencing work carried out, including the design, dimensions and materials used; the reason urgent fencing work was required; if a temporary fence was used—the reason for using the temporary fence; any cost incurred for the fencing work; the proposed contributions for the fencing work; and include a receipt for the cost incurred for the fencing work.
(sec.245XN-ssec.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 .
- (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 .
- (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
- (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.
- (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