Private Swimming and Spa Pools

There are Council requirements you need to comply with if you have a swimming pool or spa pool on your property. 

All Swimming Pools and Spa Pools Require Consent

All swimming pools and spa pools require consent regardless of size and capacity. 

Fencing of Swimming Pools Act 1987

The Building Act 2004 and The Fencing of Swimming Pools Act 1987 requires all domestic swimming and spa pools in New Zealand to be fenced. This also includes children’s paddling pools (permanent or temporary) with a depth of 400mm or more. This link provides more information on New Zealand Legislation: The Fencing of Swimming Pools Act 1987

It is the responsibility of the homeowner to ensure that fences are installed and maintained to the standard. If a new fence is to be installed, a building consent must be obtained..

Can a Property be Sold With an Unfenced Pool?

A property can be sold without the pool or spa being fenced.  However the purchaser will be made aware that there is a requirement for the pool to comply.  By installing a compliant pool fence before you put your property on the market you should avoid any complications

What Are the Pool Fence Legal Requirements?

  • The minimum height of a swimming or spa pool fence is 1.2m above ground level.
  • Gates or hinged doors must comply with regulations and be fitted with a self-closing device capable of closing and operating the latching device from an opening distance as small as 150mm.
  • Where the latch is on the pool side of the fence it must be accessible only from over the top of the fence or through a hole at least 1.2m above the ground.
  • If outside the pool area, it must be at least 1.5m above the ground and the gate must always open away from the pool. 
  • All swimming pools are required to be registered.

More information about the Act can be found at the Department of Building and Housings’ website.  Department of Building and Housing - Fencing of Swimming Pools

Related Links