Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.31Notice to contribute for fencing work
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sec.31 Notice to contribute for fencing work
An owner may require the adjoining owner to contribute, under this chapter, to the carrying out of fencing work for a dividing fence by giving a notice to the adjoining owner. The notice must be in the approved form and state the following— a description of the land on which the fencing work is proposed to be carried out and, if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence; A dividing fence must ordinarily be constructed on the common boundary—see section 12 . the type of fencing work proposed to be carried out; the estimated cost of the fencing work to be carried out including the cost of labour and materials. The notice must be accompanied by a copy of at least 1 written quotation stating the estimated cost of the fencing work to be carried out. The owner giving the notice may propose that any cost of the fencing work to be carried out is to be borne other than in equal proportions. For subsection (4) , the notice must state the proposed proportions. If, within 1 month after the notice is given, the adjoining owners have not agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 35 . An adjoining owner may contribute by a payment of an amount or provision of labour or materials. Until the adjoining owners have agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, neither owner may carry out fencing work, or arrange to have fencing work carried out, for the dividing fence other than for urgent fencing work. (sec.31-ssec.1) An owner may require the adjoining owner to contribute, under this chapter, to the carrying out of fencing work for a dividing fence by giving a notice to the adjoining owner. (sec.31-ssec.2) The notice must be in the approved form and state the following— a description of the land on which the fencing work is proposed to be carried out and, if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence; A dividing fence must ordinarily be constructed on the common boundary—see section 12 . the type of fencing work proposed to be carried out; the estimated cost of the fencing work to be carried out including the cost of labour and materials. (sec.31-ssec.3) The notice must be accompanied by a copy of at least 1 written quotation stating the estimated cost of the fencing work to be carried out. (sec.31-ssec.4) The owner giving the notice may propose that any cost of the fencing work to be carried out is to be borne other than in equal proportions. (sec.31-ssec.5) For subsection (4) , the notice must state the proposed proportions. (sec.31-ssec.6) If, within 1 month after the notice is given, the adjoining owners have not agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 35 . An adjoining owner may contribute by a payment of an amount or provision of labour or materials. (sec.31-ssec.7) Until the adjoining owners have agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, neither owner may carry out fencing work, or arrange to have fencing work carried out, for the dividing fence other than for urgent fencing work.