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Right of entry: Why a valid entry notice means access should be granted
Water leaks between lots are one of the more common maintenance headaches in a body corporate scheme, and tracking down the source often means checking the lot above, not just the one showing the damage. A recent case looked at what happens when access for that kind of inspection is refused, and confirms that a body corporate has a clear legal right to enter a lot once proper notice has been given.
The Case
In Le Chelsea [2026] QBCCMCmr 270, a water leak was causing mould and ceiling damage in one lot, and the body corporate suspected the source was in the bathroom of the lot above, an area it might have a duty to maintain. Despite contact attempts from several months earlier, a formal entry notice, and a failed conciliation attempt (an informal, facilitated attempt to resolve the dispute before it goes to a formal hearing), the occupier of the upstairs lot didn’t allow access. Meanwhile, the leak in the lot below kept getting worse.
The Decision
The adjudicator confirmed that under the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act, the main law governing body corporates in Queensland), a body corporate has its own statutory right to enter a lot, after giving at least seven days’ written notice, to inspect or carry out works it’s authorised or required to do. This right doesn’t need the owner’s or occupier’s consent, or an adjudicator’s order, and obstructing it is itself an offence.
The adjudicator found the earlier entry notice had been validly given, that the inspection was genuinely necessary since checking the affected lot alone couldn’t identify where the leak was coming from, and that the occupier had no legal basis to refuse entry once a compliant notice was given. No conditions can be attached to access once proper notice has been provided. The body corporate was permitted to give a fresh seven-day notice and enter, and if access was still refused, to engage a locksmith and recover the reasonable cost from the upstairs owner as a debt.
What You Can Do
If you’re a lot owner or occupier and you receive a valid entry notice for a maintenance investigation, like tracking down a leak, it’s far simpler, and avoids extra locksmith costs landing on your account, to simply allow access at the arranged time. The notice period exists precisely so you have time to make arrangements, so use that window rather than letting the date arrive with access still refused.
For committee members and owners dealing with a leak affecting someone else’s lot, this case is a helpful reminder that the process for gaining access is already set out in law: a minimum seven days’ written notice is all that’s required, and there’s no need to negotiate conditions or wait for an adjudicator’s order before proceeding. Keeping a clear record of contact attempts and notices given helps if the matter does need to go further.
How BCsystems Can Help
BCsystems follows the correct notice procedure before requesting entry to a lot for a maintenance investigation, making sure timeframes and paperwork are handled properly from the outset. If access is ever unreasonably refused, we can help guide the body corporate through the appropriate next steps to get the maintenance issue resolved.
Conclusion
A leak sorted quickly is good news for everyone involved, and knowing the clear rules around entry notices means these situations can usually be resolved without unnecessary delay.
SOURCE: Le Chelsea [2026] QBCCMCmr 270 (13 August 2026)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2026/270.html
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2026/270.html
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