Pool fencing and barriers

Exemptions from development and building approval may apply to swimming pool fences and barriers provided they comply with relevant provisions of Regulations. Fences and barriers are required under the Building Act 2004 to restrict access of young children to pool and immediate pool surrounds.

Exemptions from development approval

The development does not need development approval if it complies with relevant provisions of the Planning and Development Regulation 2008, Schedule 1. Below is a summary of the provisions. It is correct as of the date the web page was last updated - scroll to the bottom of the web page to find this - however the Regulation's Schedule may been updated since then. In summary, the development is exempt provided that:

  • it is not an open space boundary fence (see item below)
  • for a mesh fence in an industrial zone; it is not more than 2.7m above natural ground level
  • it is otherwise not more than 2.3m above natural ground level (the support posts can be 2.5m)
  • no part is between a front boundary and a building line for the block
  • no part diverts or concentrates the flow of surface water in a way that causes ponding or onto other land; and
  • it complies with relevant general exemption criteria.

 See definitions to understand the terms in italics.

Exemptions from building approval

The development does not need building approval if it complies with relevant provisions of the Building (General) Regulation 2008, Schedule 1. Below is a summary of the provisions. It is correct as of the date the web page was last updated - scroll to the bottom of the web page to find this - however the Regulation's Schedule may have been updated since then. In summary, the development is exempt provided that it:

  • complies with the Building Code of Australia
  • is constructed in a proper and skilful way as described in the Building Act 2004 and Building (General ) Regulation 2008
  • is inspected and certified as compliant with the Building Act 2004 (other than pt 3) by a certifier under that Act.

No building approval, licence, or notice is required under the Building Act 2004, however design and construction standards apply and inspection and certification requirements apply.

 

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