Tenants/residents may ask the property manager/owner for approval to make home modifications. This includes attaching fixtures or making structural changes to the property. Requests can be submitted using the Request for approval to attach fixtures or make structural changes (Form 23). You should complete a separate form for each request.
The property manager/owner:
- must be reasonable when considering the request
- may approve the request subject to reasonable conditions that are agreed with the tenant/resident
- must respond to the tenant/resident in writing within 28 days of receiving the request.
It is a breach of the agreement to attach a fixture or make a structural change without the property manager/owner’s written approval.
Process for requesting fixtures and structural changes
Property manager/owner approval
Tenants/residents must ask the property manager/owner for permission to attach a fixture or make structural changes. The property manager/owner must respond in writing within 28 days of receiving the request. Our Applying to attach a fixture or make a structural change flow chart outlines the process.
A property manager/owner must respond to the request in writing and they don’t need use a specific form to do this. The response must state 3 key pieces of information:
- Whether the tenant/resident’s request has been approved.
- A description of the fixture or structural change.
- Any other conditions for approval, which may state
- additional reasonable conditions for the approval and why this applies
- if the approval is subject to agreement by the body corporate.
If the property manager/owner approves the request, they may impose conditions. The request may also need body corporate approval (see below).
In addition to the property manager/owner’s approval, attaching a fixture or making structural changes may be limited by:
- house rules
- park rules
- body corporate by-laws
- other applicable laws.
Body corporate approval (if applicable)
If a rental property is part of a body corporate scheme (e.g. apartments, townhouses), the body corporate may need to approve fixtures or structural changes.
If the property manager/owner approves the request and body corporate approval is required, the property manager/owner must send the request to the body corporate within 28 days of receiving it from the tenant/resident. The body corporate does not need to respond within the 28-day timeframe.
Follow these steps if you live in a rental property that is part of a body corporate:
- Fill out the Request for approval to attach fixtures or make structural changes (Form 23) and give it to the property manager/owner.
- The property manager/owner must respond within 28 days of receiving the request and inform the tenant/resident of their decision and whether approval is subject to body corporate approval.
- If approved by the property manager/owner, they must submit the request to the body corporate within 28 days of receiving it.
- The body corporate reviews the request and advises the property manager/owner of their decision, who must advise then advise the tenant/resident of the body corporate's decision as soon as they can.
- If both the property manager/owner and the body corporate agree, the tenant/resident can proceed with the changes (according to any conditions).
Proceeding with work
If a request is approved by the property manager/owner and body corporate (if applicable), a tenant/resident can proceed with the proposed changes, in line with any conditions that were set in writing.
If the request is refused or the property manager/owner does not respond within 28 days
If the property manager/owner refuses the request or does not respond in writing within 28 days, the tenant/resident does not have permission to proceed with the fixtures or structural changes.
We recommend communicating about the decision and trying to self-resolve the issue. If communication does not lead to a resolution, you can apply for free RTA dispute resolution.
If you are unable resolve the issue through RTA dispute resolution, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a decision.
QCAT decisions
QCAT can make decisions about requests to attach a fixture or make structural changes. When deciding, QCAT will consider:
- how it might improve safety, security and accessibility for a tenant/resident
- whether it can be removed or if the property 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 property for structural changes
- anything else QCAT considers relevant.
Attaching fixtures or making structural changes without approval
If a tenant/resident attaches a fixture or makes a structural change without written 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
- treat it as a breach and try to resolve the issue.