Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.39Application after unauthorised construction or demolition
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sec.39 Application after unauthorised construction or demolition
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. The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard. On application under this section, QCAT may make an order requiring the owner to— remove, modify or rectify the fence; and bear the costs of the removal, modification or rectification. (sec.39-ssec.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. (sec.39-ssec.2) The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard. (sec.39-ssec.3) On application under this section, QCAT may make an order requiring the owner to— remove, modify or rectify the fence; and bear the costs of the removal, modification or rectification.
- (a) remove, modify or rectify the fence; and
- (b) bear the costs of the removal, modification or rectification.