Swimming Pools
There are specific parts of the Building Act that deal with swimming pools. In addition, there are components of each Council’s District Plan that control their installation and access:
Any excavation, structure or product that is used or is capable of being used for swimming, wading, paddling or bathing (including spa pools) is defined as a swimming pool.
The Fencing of Swimming Pools Act
The Fencing of Swimming Pools Act 1987 exists to protect young children from the danger of drowning in unfenced swimming pools. It does this by requiring owners to fence their pools.
If your pool has the capability of water depth greater than 400mm (16 inches) then it is required to be fenced in accordance with the Fencing of Swimming Pools Act. Note: this includes blow up and temporary pools. All pools, no matter when they were installed must comply with the Fencing of Swimming Pools Act.
Do pools require a building consent ?
All pool fencing requires
building consent , including that around spa pools, and some pools require consent for the construction of the pool itself. Refer to the section on building consents for information about applying for
building consent . Contact your local council if you have any questions about the information needed for a pool related building consent.
Where the fence must be situated
The fence must only surround the pool and the area immediately around the pool. This area can only include things used in association with the pool, for example, changing sheds. It must not include things that are not relating to the pool for example, clotheslines, vegetable gardens and children’s play equipment.
Buildings may form part of the pool fence provided they comply with the Act, for example, there must be no other doors opening out to the area outside that fenced. Boundary fences may form part of the pool fence provided they meet the requirements of the Act.
The Council (only) can grant an exemption from meeting the requirements of the Fencing of Swimming Pools Act. Council will only grant an exemption if it is satisfied that the circumstances will not significantly increase the danger to young children.
Swimming Pool and Fencing check list
- Height of Fence not less than 1.2m or pool is 1.2m above ground with smooth, vertical sides
- Gap under fence and gate less than 100mm
- Gaps between vertical cladding less than 100mm
- Rails at correct height/spacing of 900mm between rails
- Mesh/netting: no opening greater than 10mm for fence 1.2m high or 50mm for fence 1.8m high
- Gate opens outwards with gate latch set at 1.5 above ground level
- Gate latches automatically
- Latch on gate self locking
- Top bolts on ranchsliders
- Steps into above ground pools removable if applicable
- Doors and windows giving access to pool area comply
- Pool area contains only pool equipment
- Has the pool been given a clearance for Fencing of Swimming Pools Act
Note: This checklist is provided for your convenience but does not cover every situation. Please check with your local authority.
A pool may not necessarily add value to your home and they require ongoing maintenance to remain safe to use. So why do people continue to build them?

Because not only can they greatly add to the beauty of your property, but anyone who likes swimming will revel in being able to plunge into their own pool in their backyard. Families with children will especially enjoy the fun and entertaining aspects of a pool. For many people, the extra effort is well worth it.
- Pools may be built into the ground or sit above.
- The main pool types are concrete and fibreglass and each type has its advantages – fibreglass on cost, concrete on flexibility of design.
- There are alternative ways of treating water to chlorine treatment that are very safe.
- Consider the location of the pool and access to your living areas – do you want it to be readily accessible or to have the pool in a more private location?
- The pool can be a major feature of your landscaping – lighting plays an important role here.
- Consider the landscaping around your pool – decking and paving are often important to have in areas that get wet regularly.
- Have you considered where to put the water treatment plant?