Can the Body Corporate Enter Your Lot Without Permission?
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Entry to a lot without the owner’s consent is one of the more sensitive powers a body corporate holds. The BCCM Act does grant this power in certain circumstances, and it doesn’t depend on the owner’s agreement.
This article explains when that power applies and the steps required before it can be used.
The Right of Entry Under the BCCM Act
Section 163 of the BCCM Act allows a person authorised by the body corporate to enter a lot or exclusive use area and remain there for as long as reasonably necessary.
The power exists for two purposes only: to inspect and determine whether work the body corporate is authorised or required to carry out is necessary, or to carry out that work.
It doesn’t extend to general inspections or matters unrelated to the body corporate’s own obligations, and it can’t be used for a purpose that falls outside those two grounds.
Notice Requirements
Outside an emergency, the body corporate must give the owner or occupier at least seven days’ written notice of the intended entry. In an emergency, entry can occur at any time, with or without notice.
Although the BCCM Act doesn’t define what counts as an emergency, this is generally understood to cover situations involving an immediate risk to safety or property, such as an active leak or a serious hazard. Where notice is given, entry still has to occur at a reasonable time, and any security or access arrangements ordinarily in place for the lot must be complied with.
Neither the presence nor the consent of the owner or occupier is required once a valid notice has been given, or once an emergency genuinely exists.
What Happens If Entry Is Refused
It’s an offence under section 163(5) of the BCCM Act to obstruct an authorised person who is exercising, or attempting to exercise, this power of entry, and a financial penalty can apply.
An owner who has concerns about a proposed entry isn’t without options, however. They can ask the body corporate for more information about the purpose of the entry, and if they believe the entry is improper, they can raise a dispute through the Office of the Commissioner for Body Corporate and Community Management.
What an owner cannot do is simply refuse access while a genuine, properly authorised entry is underway. The right of entry is a clear statutory power, and adjudicators have consistently upheld it where the purpose is genuine and the process has been followed correctly.
When Disputes Arise
Whether an entry holds up if challenged comes down to three things: whether the body corporate had a genuine purpose connected to its own obligations under section 163, whether proper notice was given, and whether the entry was reasonable in its scope and timing.
Entry carried out for a legitimate reason, such as meeting a compliance obligation that applies to the whole building , remains valid even if it also happens to touch on an unrelated matter involving the same lot, provided that overlap isn’t the real reason entry was sought.
What This Means for Lot Owners
If you receive a notice of entry, check that it’s in writing, that it gives at least seven days’ notice (unless it’s a genuine emergency), and that it states the purpose of the entry.
If something about the notice doesn’t add up, raise it in writing with the body corporate manager promptly, rather than refusing access outright. Obstructing a valid entry carries legal and financial risk, and doesn’t stop the entry from ultimately proceeding if it’s later found to be properly authorised.
What This Means for Committees
The right of entry only holds up if it’s exercised correctly. That means a genuine purpose within the scope of section 163, valid written notice with the correct timeframe, and a reasonable approach to timing and scope.
Skipping any of these steps gives an owner legitimate grounds to challenge the entry, even where the underlying reason for wanting access was sound. Involving your body corporate manager early, whenever lot access is needed, helps make sure the process is handled correctly from the outset.
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