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Boundary & Fence Disputes

6. Swimming Pool Fences

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 21 Jun 2015

&6. Swimming Pool Fencesmiddot;         The requirements for child-resistant barriers where there is a pool on residential premises varies according to when the pool was constructed and which state you are in.

o   In NSW access to the pool must be restricted for all pools built before 1 August 1990.

o   If the pool was built between 1 August 1990 and 1 July 2010 then it must be surrounded by a child-resistant barrier separating the pool from any residential premises.

o   If the pool as built after 1 July 2010 it must be separated from the house and any adjoining premises by a complying barrier.

·         The owner of the premises on which a child resistant barrier is located must ensure that the swimming pool is at all time surrounded by the barrier and that it is maintained to an adequate standard.

·         The fence must separate the swimming pool from any residential premises on the property.

·         The fence is not to be less than 1.2 metres high all the way around.

·         Where a fence serves as both a dividing fence and a swimming pool fence the owner of the property with the swimming pool is usually responsible for all expenses associated with constructing, altering, repairing, replacing or maintaining the part of the dividing fence that is also the swimming pool fence.

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