Legislation for swimming pools changed on 1 January 2017 with the introduction of section 162 of the Building Act, replacing the former Fencing of Swimming Pools Act. 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 (also see MBIE’s safety guidance for pool owners).

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.

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) if they don’t comply with other prescribed rules, 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 have a barrier. This barrier must enclose only the pool and its closely surrounding area. This immediate pool area can only include activities that are used in conjunction with the pool.

Fencing to the rest of your property isn’t considered to be pool barrier fencing. A separate fence is still needed around the immediate pool area itself.  If part of an existing fence or any existing building are to be part of the pool barrier these will need to meet the same performance and requirements as the rest of the pool barrier.

Who is responsible for what?

  • The property owner and any tenants are responsible for ensuring that the swimming pool has a barrier that complies.
  • The Council:
    • is responsible for ensuring that these residential pools are checked at least every three years to confirm compliant pool barriers (note: this does not apply to small heated pools with a safety cover that meets the barrier requirements).
    • must hold a register of all residential swimming pools in their district, including small heated pools.
    • has the discretion to inspect any residential pool at any time in addition to the three yearly inspections, including checking that small heated pools comply with the pool barrier requirements.
  • Manufacturers and retailers are responsible for informing you of your responsibilities when you buy a residential pool