Owner's consent
Applications lodged without written owner's consent will be deemed not 'properly made' under the:
- Planning Act 2016 (for development applications)
- Advertising Devices Local Law 2021 (for advertising devices).
The following requirements are applicable regarding owner's consent:
| Type of entity | Signature required | Required supporting documentation |
|---|---|---|
| Individual/s | Signature/s of all landowners. If there are multiple owners of a single lot, consent of each owner of the lot is required. For example, if four persons own one lot, signature from each of the four owners are required. Also, if an application is over a number of different lots, consent from the owners of each lot will be required. | Recent title search |
| Corporation of Company | Signature/s as per the following depending on the legal structure of the company:
The position of the signatory must be clearly stated on the owner's consent, however the name is not mandatory. |
|
| Trust | If the land is held under a trust agreement, a copy of the trust documents clearly identifying who can sign on behalf of the trust is required to be lodged with the application. Only those (Trustee(s)) authorised by the trust documentation can sign on behalf of a trust. This applies where the Trustee is a Company, as per company requirements. | Trust deed or appointment of trustee documentation |
| Body Corporate (owner of common property under a Community Management Scheme) | Signatures of two Committee members - one of whom is the Chair or Secretary | Resolution of the Body Corporate authorising the committee members to sign the consent or to make the application over the common property |
| Religious Groups | Dependent on the legal structure (usually a charitable trust - as per trust requirements and if trustee is a company, as per company requirements) | A copy of the Trust deed or if the trustee is a company, company search, or a letter from the legal representative that they have authority to sign |
| Not for profit and Community organisations | Depends on the legal structure (where it's a company, the company requirements or if an Associated Incorporation the Secretary of the Association) | Certification of Incorporation |
| Power of Attorney | Person who holds power of attorney | Copy of the Power of Attorney document they are appointed under s14 Power of Attorney Act |
| Property under Sale | Current owners (seller before settlement or buyer once settlement has occurred) | If title search reveals old owners, a copy of the contract of sale (settlement) or letter from Solicitors confirming the sale |
| Recently sold property | Current owners | If title search reveals old owners, a copy of the contract of sale (settlement) or letter from Solicitors confirming the sale |
| Deceased Estate | Executor/s of the estate | Will or appointment of executor or letter of authority |
| Divorced/separated parties | Each owner of the land identified on the title deed unless authority for the other is given, e.g. by order of the Court | If land is to be transferred to one party subject to Court orders - a copy of the Court orders, authority for one part to sign for the other |
| Land owned by Brisbane City Council | If your application includes Council owned land, owner's consent from Council will be required. Complete the owner's consent online form. Find out more about owner's consent for applications including Council owned land. For more information email Council's Land Use Management team. | |
| Leased land | The lessor of the land must give owner's consent. | |
| Dedicated parkland | The owner or the trustee, within the terms of the trust or reserve, must give owner's consent. |
Other requirements
Whilst the Planning Act 2016 does not expressly require that the written consent of the owner be dated, Council requires that all written consents are dated. The purpose of this is to provide evidence to the satisfaction of the Council that the consent has been validly given by the owner of the premises.