Overview
Tenants must seek the property manager's/owner’s approval to attach fixtures or make structural changes to the premises. This process is set out under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).
The property manager/owner:
- must be reasonable when considering if they will agree or disagree to the request
- may provide approval subject to reasonable conditions as agreed with the tenant
- must respond to the tenant in writing within 28 days of receiving the request.
For an overview, view our Applying to attach a fixture or make a structural change flow chart.
What is a fixture or structural change?
Fixtures are generally items permanently attached to land or a building that are intended to become part of the land or building. Attaching a fixture may include picture hooks, locks, clotheslines, cable TV connections, window awnings, air conditioners, electric vehicle chargers, above ground pools and fencing, carpets, TV antennas, satellite dishes and ramps.
Structural changes are permanent changes to the premises which may include moving or removing walls, changing a window or altering the floor plan.
Requesting a fixture or structural change
Tenants/residents must seek written approval from the property manager/owner to attach a fixture or make a structural change to the premises. This must be done by completing a Request for approval to attach fixtures or make structural changes (Form 23).
Tenants/residents should complete a separate form for each request.
It is a breach to attach a fixture or make a structural change without a property manager/owners’ approval.
In addition to the property manager/owners’ approval, attaching fixtures or making structural change may be limited by:
- house rules
- park rules
- body corporate by-laws
- other applicable laws that form part of a tenancy agreement.
For example: body corporate by-laws may require a tenant to obtain approval from the body corporate before attaching a fixture or making a structural change to the premises.
If the request is approved, the property manager/owner may advise their approval is subject to body corporate by-law approval or choose to impose certain conditions to the agreement. A property owner should inform the tenant as soon as practicable of the body corporate’s decision.
Receiving a request to attach a fixture or make a structural change
The property manager/owner must respond in writing within 28 days of receiving the request. There is no specific form that needs to be used when responding as long as the response is provided in writing.
The response must state 3 key pieces of information:
- whether the tenants request has been approved
- a description of the fixture or structural change
- any other conditions for approval that;
- may state additional reasonable conditions for the approval and why this applies
- may state if the approval is subject to agreement by the body corporate.
There may be several different outcomes from a request to attach a fixture or make a structural change. These are outlined below.
Property owner provides approval subject to conditions
The property manager’s/owner’s approval may be subject to additional conditions outlined in their written response.
Examples of conditions for attaching a fixture to the premises include:
- that the tenant must maintain the fixture in a particular way
- that the tenant may remove the fixture
- if removal of the fixture is allowed
- when and how the removal may be permitted
- that the tenant must repair any damage caused by removing the fixture
- that if damage is caused to the premises when removing the fixture, the tenant must compensate the property manager/owner for reasonable costs to repair the damage
- if removal of the fixture is not allowed
- that the property manager/owner must compensate the tenant for any improvement the fixture makes to the premises if the fixture if it is permanent, and the tenant cannot remove it at the end of the agreement.
Body corporate approval is required
If the fixture or structural change requires body corporate approval, after the property manager/owner approves, they must send the request to the body corporate within 28 days of receiving it.
The body corporate will review and decide on a tenant’s request (the 28 day period does not apply to body corporate approval) and the property manager/owner must advise the tenant of the body corporate's decision as soon as reasonably practicable’.
If the body corporate agrees to the request, the property owner must provide written approval and any conditions included in the body corporate agreement to the request.
The request is refused
If the property manager/owner refuses the request, the tenant does not have permission to proceed with the fixtures or structural changes. The RTA strongly recommends that the tenant continue communicating with the property manager/owner.
If communication does not lead to a resolution, and the issue is important for the tenant to address, they can request assistance through the RTA's free and impartial dispute resolution service.
If the issue remains unresolved after attempting dispute resolution through the RTA, the tenant may take the matter to the Queensland Civil and Administrative Tribunal (QCAT) for a decision.
Property manager/owner does not respond within 28 days
If the property manager/owner does not respond to the request within 28 days, the tenant does not have permission to proceed with the requested fixtures or structural changes. Proceeding with any changes without permission would be a breach of the agreement.
Instead, a tenant may consider applying for free and impartial dispute resolution through the RTA.
QCAT decisions
QCAT can make a legally binding decision regarding the request to attach a fixture or make structural changes. When deciding, QCAT will consider the following:
- how it might improve safety, security, and accessibility for a tenant
- whether it can be removed or if the premises can be restored after the tenancy
- if it adds value and if the property manager/owner sees it as an improvement
- whether building approvals are needed
- if a qualified tradesperson is required for installation
- if body corporate approval is necessary
- the extent of modification to the premises for structural changes
- any other relevant factors considered by the tribunal.
Proceeding with work
If a request is approved by the property manager/owner, and body corporate (if applicable) a tenant can proceed with the proposed changes, in line with any conditions that were set in writing.
Attaching fixtures or making structural changes without approval
If a tenant attaches a fixture or makes a structural change without first obtaining approval from the property manager/owner, it may be considered a breach of the rental agreement.
A property manager/owner has the option to:
- waive the breach
- consider the fixture or structural changes as an improvement for their benefit, or
- initiate a notice to remedy the breach.