Rental law changes to the process to request to make fixtures and structural changes commence on 1 May 2025.
Overview
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) sets out a process for tenants to request permission from a property manager/owner to attach fixtures or make structural changes to the premises. Tenants must seek the property manager's/owner’s approval to attach fixtures or make structural changes to the premises.
Property managers/owners may provide approval subject to reasonable conditions as agreed with the tenant, and must not act unreasonably in refusing the request. They must also respond to the tenant in writing within 28 days of receiving the request.
What is a fixture or structural change?
Fixtures are generally items permanently attached to land or a building that are intended to become part of the land or building. Attaching a fixture may include picture hooks, locks, clotheslines, cable TV connections, window awnings, air conditioners, electric vehicle chargers, above ground pools and fencing, carpets, TV antennas, satellite dishes and ramps.
Structural changes are permanent changes to the premises which may include moving or removing walls, changing a window or altering the floor plan.
Requesting a fixture or structural change
A tenant is required to seek written approval from the property manager/owner to attach a fixture or make a structural change to the premises. This can be done by completing the approved form, the Request for approval to attach fixtures or make structural changes (Form 23), stating the description, location and reason for the fixture or structural change to the premises for consideration.
A tenant should complete a separate form for each request.
It is a breach to attach a fixture or make a structural change without a property manager/owners’ approval.
In addition to the property manager/owners’ consent and approval, a tenant’s ability to attach fixtures or make a structural change to the premises may be limited by house rules, park rules or other applicable laws that form part of a tenancy agreement. For example: body corporate by-laws may require a tenant to obtain approval from the body corporate before attaching a fixture or making a structural change to the premises.
If the request is approved, the property manager/owner may advise their approval is subject to body corporate by-law approval or choose to impose certain conditions to the agreement. A property owner should inform the tenant as soon as practicable of the body corporate’s decision.
Receiving a request to attach a fixture or make a structural change
The property manager/owner must respond in writing within 28 days of receiving the request. Property managers/owners are not required to use a specific form to respond to a tenant’s request however, the approved form will assist property managers/owners to structure a response.
Next steps
A property manager’s/owner’s agreement must state three key pieces of information:
- whether the tenants request has been approved, and
- a description of the fixture or structural change, and
- any other conditions for approval that;
- may state additional reasonable conditions for the approval and why this applies
- may state if the approval is subject to agreement by the body corporate.
A. Property owner provides approval subject to conditions
The property manager’s/owner’s approval may be subject to additional conditions outlined in their written response.
Examples of conditions for attaching a fixture to the premises include:
- that the tenant must maintain the fixture in a particular way
- that the tenant may remove the fixture
- if removal of the fixture is allowed
- when and how the removal may be permitted
- that the tenant must repair any damage caused by removing the fixture
- that if damage is caused to the premises when removing the fixture, the tenant must compensate the property manager/owner for reasonable costs to repair the damage
- if removal of the fixture is not allowed
- that the property manager/owner must compensate the tenant for any improvement the fixture makes to the premises if the fixture if it is permanent, and the tenant cannot remove it at the end of the agreement.
B. Body corporate approval is required
A body corporate rental premises means a rental premises that are part of a body corporate scheme. Under body corporate law or body corporate by-laws, approval is required for the attachment of a fixture or the making of a structural change to the premises.
If the premises are part of a body corporate, and the by-law requires body corporate approval, after the property manager/owner approves, they must send the request to the body corporate within 28 days of receiving it for the body corporate to make a decision.
The body corporate will review and decide on a tenant’s request (the 28 day period does not apply to body corporate approval) and the property manager/owner must advise the tenant of the body corporate's decision regarding the request as soon as reasonably practicable’.
If the body corporate agrees to the request, the property owner must provide in writing the approval of the request and any conditions included in the body corporate agreement to the request.
C. The request is refused
If the property manager/owner refuses the request, the tenant does not have permission to proceed with the fixtures or structural changes. The RTA strongly recommends that the tenant continue communicating with the property owner.
If communication does not lead to a resolution, and the issue is important for the tenant to address, they can request assistance through the RTA's dispute resolution service which is a free and impartial service.
If the issue remains unresolved after attempting dispute resolution through the RTA, the tenant may take the matter to the Queensland Civil and Administrative Tribunal (QCAT) for a decision.
D. Property manager/owner does not respond within 28 days
A tenant cannot attach fixtures or make structural changes to the premises solely because the property manager/owner has not responded within the 28-day timeframe and will be in breach of the agreement if they proceed with any work.
The 28-day period without a response does not bypass the formal process, and following the correct procedures ensures compliance with legislative requirements
If the property manager/owner does not respond to the request within 28 days of receiving the request, the tenant does not have permission to proceed with the requested fixtures or structural changes. Instead, a tenant may consider applying for free and impartial dispute resolution through the RTA.
E. QCAT decisions
QCAT can make a legally binding decision regarding the request to attach a fixture or make structural changes. When deciding, QCAT will consider the following:
- how it might improve safety, security, and accessibility for a tenant
- whether it can be removed or if the premises can be restored after the tenancy
- if it adds value and if the property manager/owner sees it as an improvement
- whether building approvals are needed
- if a qualified tradesperson is required for installation
- if body corporate approval is necessary
- the extent of modification to the premises for structural changes
- any other relevant factors considered by the tribunal.
Proceeding with work
If a request is approved by the property manager/owner, and body corporate (if applicable) a tenant can proceed with the proposed changes, in line with any conditions that were set in writing.
Attaching fixtures or making structural changes without approval
If a tenant attaches a fixture or makes a structural change without first obtaining approval from the property manager/owner, it may be considered a breach of the rental agreement.
A property manager/owner has the option to:
- waive the breach
- consider the fixture or structural changes as an improvement for their benefit, or
- initiate a notice to remedy breach process.
The property manager/owner may decide to waive the breach and treat the fixture or structural change as an improvement to the premises.