Utilising a boundary fence as part of the pool barrier is common practice in Victoria. This choice can provide benefits such as improved pool space layout, better land utilisation, more usable area and less internal fencing costs. However, pool owners need to be aware of specific boundary fencing considerations and how they vary between new and existing pools to ensure ongoing compliance. What is a requirement at one property may not always be a requirement on the neighbouring property. 

This article explores how boundary fencing regulations have evolved over time and offers guidance on maintaining barrier compliance when it comes to boundary fencing. 

Victoria’s New Pool Barrier Laws – Introduction to Mandatory Reinspections

Victoria’s introduction of mandatory reinspections is aimed to align Victoria with barrier compliance practices in operation across other Australian states. It’s crucial to understand that the compliance rules themselves have NOT changed.  The pool owner has always had to maintain a compliant pool barrier under the Building Regulations.  The ‘New’ rules require an inspection to be conducted to ensure your pool space is compliant. This is achieved via the issue and lodgement of a compliance certificate to the local council.

History of Boundary Fences & Pool Compliance

To understand the current requirements, and to try and make sense of them let’s look at the historical changes over the years in boundary fence regulations:

1.       Minimum Fence Height 1.5m – No Clear Space/Non-Climbable Zone
2.       Minimum Fence Height 1.2m – 1200mm Clear Space on Neighbours Side
3.       Minimum Fence Height 1.8m – 900mm NCZ on Either Side
4.       Minimum Fence Height 1.8m – 900mm NCZ at the Top, Inside

Pools built up to 1991

Initially, Part 9A, Division 2 of the building regulations required a 1.5m imperforate or paling fence for pool compliance. This simple requirement was easy to maintain but not necessarily the safest. 

Pools built between 1991 – 1994

Between 1991 and 1994, AS 1926.1-1986 was in effect, mirroring the requirements of its successor, AS 1926.1-1993. For boundary fence there is not much difference here to AS1926.1-1993

Pools built between1994 – 2010

From 1994 to 2010, boundary fencing required a minimum height of 1200mm with a clear span. This standard focused on preventing children from climbing the fence, without considering the ownership of the land adjacent to the pool. This means the space that needed to be clear was on your neighbour’s side and you as the pool owner are responsible for maintaining that.

Pools built between 2010 – 2013

In 2010, significant changes were introduced.  Acknowledging that the pool owner could not maintain control over the neighbours space the rules were changed to provide such control. Two major changes were made, These were only in effect for a 3 year period before being modified.

•         Minimum fence height increased to 1.8m (Up from 1.2m), and
•         900mm NCZ required, which could be on either side of the fence

Pools built from 2013 – Present

The current standard, AS 1926.1-2012, clarified that the 1.8m height must be measured from inside the pool area, with the 900mm NCZ located at the top. This was to clarify the intent of this provision.  The idea is that the pool owner can maintain the inside space, preventing children from descending into the pool area from the neighbours side.

Current Issues with Boundary Fencing

Older pools face challenges with clear space requirements, often requiring vegetation trimming on the neighbours side. New pools typically start with minimal vegetation, but as plants grow for privacy, compliance issues can arise. Common issues include vegetation, lights, post tops, and horizontal components within the NCZ.

Considerations for Using a Boundary Fence

If you plan to use a boundary fence as part of your pool barrier, consider the following:

•         What compliance rules apply to your pool?
•         Is there vegetation or other items within the top 900mm of your boundary fence?
•         Are there metal art pieces or screens in this zone?
•         What type of vegetation or structures do you plan to have in this zone?

Each pool space is unique, and council requirements can vary beyond just the age of the pool.  Tailored advice is crucial to ensure compliance. For expert advice, contact our team at 0409254681.