If you have a swimming pool or spa pool in New Zealand, you are legally required to have compliant fencing around it. The rules are stricter than many homeowners realise, and getting it wrong can mean a failed council inspection and having to redo the work. Here is what you need to know.
The Law
Pool fencing in New Zealand is covered by the Building Act 2004 (sections 162A to 162F) and Building Code clause F9. They replaced the Fencing of Swimming Pools Act 1987, which was repealed on 1 January 2017. Any residential pool or spa that can hold 400mm or more of water must have a barrier that restricts access by young children.
The law applies to all residential pools, whether they are in-ground, above-ground, inflatable or a spa. If your pool can hold 400mm of water, you need a compliant barrier, whatever the size of the property or the age of the home. The main exception is a small heated pool, like a spa or hot tub with a water surface of 5 square metres or less and walls at least 760mm high: it can use a lockable safety cover that meets the Building Code instead of a fence.
What the Fence Must Do
The fence needs to create a complete barrier between the pool and the rest of the property. Key requirements include:
- Minimum height of 1.2 metres on the outside face, measured from ground level
- No climbable objects within 1.2 metres on the outside of the fence: this includes garden features, furniture, and even vegetation
- Maximum gap at the bottom of the fence is 100mm
- Vertical elements must have gaps no wider than 100mm between them
- Gates must be self-closing and self-latching, with the latch positioned so a child cannot reach it from outside
The Self-Closing Gate Rule
This is the area where most pool fences fail inspection. Every gate in a pool fence must:
- Close and latch automatically from any open position
- Open away from the pool (so it cannot swing open towards the water)
- Have a latch a child cannot reach from outside, usually at least 1.5 metres above the ground. Acceptable Solution F9/AS1 sets out the pool-side alternative
A gate that is propped open, or a latch that does not catch reliably, will fail. We always use quality self-latching hardware and test every gate before we leave the site.
Frameless Glass vs Steel vs Aluminium
Each material has its own advantages for pool fencing:
- Frameless glass: the most popular choice in Queenstown right now. Looks premium, does not obstruct the view, very easy to clean. Can be more expensive upfront but adds genuine value to a property.
- Semi-frameless glass: posts at regular intervals with glass panels between. Slightly more affordable than fully frameless, still looks great.
- Steel or aluminium tubular: durable and cost-effective. Available in black or other powder-coat colours. A solid option for most properties.
Council Inspections
A new pool barrier needs a building consent, because the usual exemption for fences up to 2.5 metres does not cover pool barriers. In Queenstown that goes through the Queenstown Lakes District Council.
After that, the council must check every residential pool at least once every three years, or accept a certificate from an independently qualified pool inspector. If a barrier fails, the council can issue a notice to fix, and ignoring it is an offence that can lead to a fine.
Getting It Right the First Time
We have installed pool fencing across Queenstown and Central Otago since 2013. Every pool fence we build is designed to meet Building Code clause F9. We know the common failure points: the gate hardware, the clearances, the climbable objects. We build around them from the start.
If you are unsure whether your existing pool fence is compliant, or you are building a new pool and need fencing sorted, give Nate a call on 021 228 6735 for a free assessment.
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