Property Line Laws
Allotment, Ask the Inspector

Queensland Property Line Laws – Is Your New Home Crossing A Line?

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

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.  

Looking to buy a property? Safeguard your investment and identify issues before you commit with a pre-purchase building inspection. Book online now

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About Andrew Mackintosh

Andrew Mackintosh has been answering home inspection questions in the greater Brisbane area since 1995. He has personally carried out over 20,000 building inspections and is a licensed builder and licensed building inspector, Member of Queensland Master Builders Association & Institute of Building Consultants. Being the business owner and the inspector, Andrew is passionate about providing clients with excellent customer service, value for money, honest, unbiased, thorough inspection and reporting in a professional and timely manner to allow clients to make informed decisions when purchasing property.

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