Legal requirements
Compliance with the Building Act
While all building work must comply with the Building Code, not all building work needs a building consent or resource consent. However, you may well need resource consent so it’s important to check early in your planning process as it can take several months to gain.
If you are planning on building a new house or doing alterations, you have to get a building consent from your local council before construction starts (unless it is work that is exempt). You only need resource consent when you want to do something that is not specifically allowed for under the Resource Management Act or is regulated by a regional, city or district plan. To find out if you need resource consent, check with your council and/or your architect/designer.
Building Consent Authorities (BCAs – usually Councils) issue consents based on the detailed plans that are presented to them that comply with the Building Code. These plans need to be highly detailed these days to gain consent. Then, once the house is finished and there has been a final inspection, the BCA will issue a code compliance certificate (CCC) if the work matches the building consent. If you change something during the building process you must notify the council of the change through an amendment to your building consent otherwise the building inspector may well hold up sign-offs during construction – adding to your time, your costs and most of all, your stress levels!
Note: Even though you may use a designer or architect who takes responsibility for processing the building consent, it is you who is responsible if your house does not meet the required standards and it is you who is responsible for getting the code compliance certificate.
Swimming pools
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.