Brisbane property line laws can be difficult to understand when it comes to building near the property line and laws regarding trees on the property line. In this article, we aim to outline property line laws as they pertain to building inspections in Moreton Bay, Brisbane, and Redlands Council areas.
Structures or Additional Dwellings
Under the Queensland Development Code, property line laws surrounding the construction of structures or dwellings differ depending on whether your lot is under or over 450sqm, as does whether you require approval to build your structure. Generally, the rules regarding setbacks are:
- 6m to front boundary
- 1.5m to side boundary setback
- 6m to rear boundary (depending on depth)
- Max height should be no more than 2 storeys and 9.5m
However, there are exemptions for certain types of buildings, and additional advice surrounding land cover and closing in structures that were open upon buying the property. As such, it’s always a good idea to consult your local council and a town planner when considering extensions to your property, or free-standing structures.
Trees are one of the biggest culprits when it comes to damaging property. When you buy a property, you must follow property line laws and laws regarding trees on a property line
In most cases, you become the “tree-keeper” for all trees on the lot, under The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, meaning you are responsible for tree maintenance and adhering to laws regarding trees on the property line.
Where the tree sits on both your property and your neighbour’s, you have shared ownership and maintenance responsibility. When renting a property, the “tree-keeper” is your landlord or body corporate.
What to Do About a Nuisance Tree
If your neighbour’s tree is encroaching over your property lines and becoming a nuisance and affecting your property’s structural integrity or your enjoyment, you have the right to:
- Remove the overhanging branches, fruit, leaves or encroaching roots
- Decide whether to return them to your neighbour
If that does not fix the issue and the dispute continues, contact Council for further instructions surrounding your rights, your property line laws and laws regarding trees on the property line.
This article is intended to provide a brief overview of information about property line laws and laws regarding trees on the property line. For further information, contact your local council.