In this section

What you need to know about residential pools, small heated pools, pool barriers and fencing, inspections, and the pool register.

Legislation for swimming pools changed on 1 January 2017. The aim is to prevent drowning and injury to young children by restricting unsupervised access to residential pools.

Even if you don’t have young children on your property yourself – it is important that your pool continues to keep young children safe.

Key points

  • Residential swimming pools that are filled or partially filled with water must have barriers that restrict access to the pool or the immediate pool area to unsupervised children
  • This applies to all residential pools that can be filled with water to 400mm deep or more
  • The pool barrier should prevent young children moving directly to the pool from the house, other buildings, garden paths, or other areas of the property normally open to them
  • Pool barriers must comply with the Building Act 2004 and Building Code clause F9 (restricting access to residential pools) which set requirements for minimum height and configuration of the barrier
  • You need a building consent to construct a pool barrier
  • There are two published acceptable solutions that provide ways of constructing pool barriers that are deemed to comply with the requirements of Building Code clause F9
  • Your pool must be on our pool register and be checked for compliance at least once every three years.

Does it apply to my pool?

Residential pools must have a barrier around the immediate pool area when the pool

  • is used as part of an abode (any place used predominantly as a place of residence) including when used in association with the abode on land adjacent to where the pool is located, and
  • is filled or partially filled with water.

So this includes any pool or spa normally used for swimming, paddling, or bathing that is capable of holding a depth of water of 400mm or more, including, but not limited to

  • indoor and outdoor residential pools,
  • above ground pools, where the walls of the pool can form the barrier to the pool
  • small heated pools such as spa pools and hot tubs (including inflatable spa pools), and
  • inflatable/portable/temporary/kitset pools that you pull out of storage for summer – even though they’re not permanent.

What is considered the immediate pool area?

The immediate pool area must include

  • the land the pool is located on or in, and
  • the surrounding area which can only include activities that are used in conjunction with the pool.

Fencing your full property doesn’t make the rest of the land part of the immediate pool area. A separate fence is still needed around the immediate pool area itself.

More information

Who is responsible for what?

  • As an owner you are responsible for ensuring that the swimming pool has a barrier that complies.
  • The Council is responsible for ensuring that the barrier is checked a minimum of once every three years to confirm compliance (note: this does not apply to small heated pools with a safety cover that meets the barrier requirements).
  • Council must hold a register of all residential swimming pools in their district, including small heated pools.
  • Manufacturers and retailers are responsible for informing you of your responsibilities when you buy one.

Council also has the discretion to inspect any residential pool at any time in addition to the three yearly inspections. This includes checking small heated pools comply with the pool barrier requirements.

Do I need a building consent?

Because a swimming pool barrier is classed as a building under the Building Act 2004 you will need to apply for a building consent if

  • you're putting in any new fencing, or
  • replacing existing fencing, or
  • you want to move the existing barrier to a different location on the property.

The pool itself doesn’t necessarily need a building consent.

There are a number of ways to comply under the legislation which we’ve covered under pool barrier types. Note that these are not the only ways to restrict access and you can use other alternative measures that meet the performance requirements of F9.