Building Act 1975

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.