Can the Body Corporate Enter Your Lot Without Permission?
Published:
Modified:
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 owner or occupier of a lot does not have a right to refuse entry, and also does not need to be at home on the date and time. If access is not provided, the body corporate is usually entitled to either use a master-key (if available) or engage a locksmith to gain entry to the lot, and to charge the lot owner for any cost associated with gaining entry on the date and time in the notice.
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.
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.
If an owner believes that the entry right has been used unreasonably, the owner must not obstruct the entry, but may apply for an urgent adjudication application through the Office of the Commissioner for Body Corporate and Community Management.
When Disputes Arise
Whether an entry holds up if challenged comes down to two things:
- Whether the required notice was given (unless in the case of emergency)
- Whether the body corporate had a genuine purpose to enter the lot.
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.
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.
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.
Related content
Subscribe To Our Newsletter
More To Explore
What Does ‘Acting Reasonably’ Mean for a Body Corporate Committee?
“Act reasonably” is a phrase that appears throughout body corporate law. It’s a legal standard that applies to almost every decision a committee makes – enforcing by-laws, approving or refusing applications, spending scheme funds, engaging contractors, and resolving disputes between owners.
How to Issue a By-Law Contravention Notice
A contravention notice is the formal step a body corporate takes before it can pursue further enforcement action against an owner or occupier over an alleged by-law breach. Under the Body Corporate and Community Management Act 1997 (Qld), it’s a legal prerequisite, not a warning letter, and the requirements around what it must contain and who it must be given to are specific.