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Do I need to put a fence around my pool and do I need to get permission from the council before doing it?

I live in Sydney and recently purchased a large inflatable pool for my kids to play in for the summer. Since it’s only an inflatable pool do I need a fence around it? Also will I need to get permission from my local council?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Environment & Planning
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • Under the Swimming Pools Act 1992 (NSW) you must put a four-sided fence around any pool or spa that can be filled with more than 300mm of water.
  • Since you have a large inflatable pool chances are it will hold more than 300mm of water. You must put up a four-sided fence around the pool. It is very important to ensure that children will be safe and only allowed to access the pool under adult supervision.
  • Erecting a fence is an exempt development and does not require development or building approval. However you must ensure that the fence complies with the Swimming Pools Act 1992 (NSW) and its regulations and the Building Code of Australia. 

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