Access to an individual lot can become a significant issue for a body corporate, particularly where the body corporate needs to investigate a water leak, carry out repairs, inspect building elements or determine whether work for which it is responsible is required.
Lot owners and occupiers understandably expect privacy and security within their homes, but in Queensland a body corporate has statutory powers that can, in appropriate circumstances, allow it to enter a lot without the owner’s or occupier’s consent.
The recent decision of Le Chelsea [2026] QBCCMmr 270 provides a useful illustration of how this power operates and confirms the power of an adjudicator to permit a locksmith to gain access to a lot and the locksmith’s costs to be recovered.
When Can a Body Corporate Lawfully Enter a Lot Without the Owner’s Consent?
The starting point is section 163 of the Body Corporate and Community Management Act 1997. Section 163 gives an authorised person power to enter a lot, and remain there for as long as reasonably necessary, to inspect the lot and determine whether work that the body corporate is authorised or required to carry out is necessary, or to carry out that work.
For example, access may be justified where the body corporate needs to investigate the source of the water leak, inspect building elements for which it has responsibility, determine the cause of damage, or undertake necessary maintenance or repairs.
In Le Chelsea, the body corporate was investigating water ingress affecting the lot below. The precise source of the leak was unknown, and it was possible that the problem involved a bathroom membrane or another building element for which the body corporate could have responsibility. The adjudicator accepted that inspecting the lot above was reasonably necessary to determine the source and whether body corporate work was required.
What Notice Must a Body Corporate Give Before Entering a Lot?
Unless there is an emergency, the body corporate generally needs to give at least seven days’ written notice before exercising the statutory power to enter a lot.
The entry must also occur at a reasonable time and comply with the security or other arrangements ordinarily applying to people entering the lot.
The notice should be clear and practical. It should identify the proposed time of entry, the purpose of the inspection or work, and the persons who will be attending. Providing sufficient detail can reduce disputes and demonstrate that body corporate is exercising its power reasonably.
In Le Chelsea, notice was given more than seven days before the proposed entry. The notice identified the proposed three-hour period, who would enter, and the purpose of the inspection. The adjudicator considered the notice appropriate and reasonable.
An emergency is treated differently. Section 163 allows entry in an emergency at any time, with or without notice. This can be particularly important where a delay could cause significant damage – for example, an active water leak causing substantial damage to another lot or common property.
Does the body corporate need the owner’s/occupier’s permission?
One of the most important points from Le Chelsea is that the statutory power is not dependant on the consent of the owner or occupier.
The adjudicator expressly found that the body corporate does not need the owner’s or occupier’s agreement to exercise the section 163 power. Where statutory requirements are satisfied and proper.
The owner or occupier may have questions about why access is required, who will attend or what work is proposed. Those concerns can be discussed with the body corporate. However, the adjudicator confirmed that disagreement about those matters does not, by itself, provide a basis for refusing entry where statutory power has been properly exercised.
The section 163 power is also important because it operates independently of residential tenancy arrangements. The Le Chelsea decision confirms that the body corporate’s statutory power of entry is separate from the legislation and lease requirements that apply when a landlord or agent enters a tenanted property.
What if the owner or occupier refuses access?
If access is refused, the body corporate does not necessarily have to accept the refusal as the end of the matter. It is an offence to do so, and the occupier is liable to pay a monetary fine. An adjudicator can also make orders facilitating access.
The latter is what occurred in Le Chelsea. The body corporate had already issued a valid entry notice, but its attempt to enter the lot was unsuccessful. Further attempts to resolve the dispute were also unsuccessful. The adjudicator therefore made orders requiring the body corporate to issue a new notice and confirming that authorised persons could enter at the notified time.
Significantly, the adjudicator ordered that the body corporate could resolve to engage a qualified professional, such as a locksmith, to facilitate access if the lot was not accessible at the notified time. The body corporate could also resolve to recover the reasonable cost of the locksmith from the lot owner as a debt.
This does not mean a body corporate should simply arrange for forced entry whenever a lot owner fails to cooperate. The statutory requirements must first be satisfied, and the body corporate must act reasonably.
A Practical Checklist for Committees Seeking Lot Access
Where access to a lot is required, a body corporate should generally:
- Identify why access is required and confirm that the purpose falls within section 163.
- Ensure the body corporate has properly authorised the persons who will enter.
- Give the required written notice, normally at least seven days before entry.
- Specify the proposed time, purpose and persons attending.
- Keep records of the decision, notice and communications with the owner or occupier.
- If access is refused, consider further correspondence with the occupier to understand why, and file an application in the Commissioner’s Office where appropriate.
Summary
Bodies corporate have a powerful statutory right to access an individual lot, but that right must be exercised for a proper purpose and in accordance with the requirements of section 163 of the Body Corporate and Community Management Act 1997.
The recent Le Chelsea decision demonstrates that where an owner or occupier refuses access despite a valid notice, the body corporate can seek adjudication orders to facilitate entry. In appropriate circumstances, those orders may also permit the body corporate to arrange for a locksmith and recover reasonable costs from the lot owner.
This post appears in Strata News #811.
Brendan Pitman Grace Lawyers E: brendan.pitman@gracelawyers.com.au P: 07 5554 8560
This article has been republished with permission from the author and first appeared on the Grace Lawyers website.