Owners_consent_fact_sheet

Overview

This fact sheet outlines when a development application, change application or extension application
(application) is required to be accompanied by owner’s consent under the Planning Act 2016 (Planning
Act). If the application is required to be accompanied by owner’s consent, an application cannot be
accepted as ‘properly made’ without it.

Who is the owner and when is owner’s consent required?

Under the Planning Act, the owner of premises means the person who:

e is entitled to receive rent for the premises (i.e. a building or other structure or land whether a building
or other structure is on the land); or

e would be entitled to receive rent for the premises, if the premises were rented to a tenant.

The Planning Act (section 51) requires an application to be accompanied by the written consent of the
owner of the premises, to the extent:
e the applicant is not the owner; and
e the application is for —
© amaterial change of use of premises or reconfiguring a lot; or
© works on premises that are below high-water mark and are outside a canal (as defined under
the Coastal Protection and Management Act 1995, section 9); and
e the premises are not excluded premises (under the Planning Act, Schedule 2).

In most circumstances, the registered property owner will be the owner of the premises for the purposes
of the Planning Act.

If power of attorney has been granted authorising another person to sign on the owner's behalf, a
certified copy of the power of attorney must accompany the consent.

Owner's consent templates for an application are available at:
https://planning.dsdmip.qld.gov.au/planning/resources.

Although owner’s consent is not required under the Planning Act for building work applications, the
Building Act 1975 (Building Act) does impose obligations on applicants and private certifiers regarding
consent of parties for certain building approvals. Details on requirements for easements and certain
covenants is provided in this document.

 

Version 1_10/11/2020