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Queensland legal limitations on restriction

posted Feb 10, 2015, 8:44 PM by Jake Vosloo
This is an interesting section of the Building Act 1975 section 246S. 
It states that a person cannot be prohibited by the body corporate from installing solar panels on the building purely for aesthetic reasons.

When requirement to obtain consent for particular activities can not be withheld—other matters
(1) This section applies if, under a relevant instrument, the consent of an entity is required to install a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building.
(2) The entity can not withhold consent for an activity mentioned in subsection (1) merely to enhance or preserve the external appearance of the building, if withholding the consent prevents a person from installing a solar hot water system or photovoltaic cells on the roof or other external surface of the building.


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