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Non-complying pools or pool barriers
What happens if your pool or pool barrier is non-compliant
A re-inspection will be required, for which you will be charged.
You are required to carry out the necessary work before the re-inspection.
We can issue a 'Notice to fix' requiring you to drain the pool and keep it empty until the required work is complete and checked.
You should know
If you do not comply with the 'Notice to fix', you could face prosecution, a maximum fine of $5000, and a criminal conviction.
Persons responsible for ensuring a pool barrier complies
The following persons must ensure compliance of the pool barrier:
- owner of the pool
- pool operator
- owner of the land on which the pool is located
- occupier of the property in or on which the pool is located
- purchaser of the pool, if the pool is subject to a hire purchase agreement (as defined in the Income Tax Act 2007)
- lessee of the pool or the premises (if the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 but the pool is subject to a lease or is part of a premises subject to a lease).
|Regular safety checks of your pool fence and barrier||https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/check-compliance-existing-pool-barrier.aspx||Regular safety checks of your pool fence and barrier||Information about how to book an inspection to check if your existing pool barrier complies with the building code.||aspx||Swimming and spa pools
|Inspections you need when installing a new pool||https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/check-compliance-of-new-pool-pool-barrier.aspx||Inspections you need when installing a new pool||Information about how to book pool and pool barrier inspection for a new pool, how many inspections you may need, and when you can start to use your new pool.||aspx||Swimming and spa pools
|Other structures used as part of the pool barrier||https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/other-structures-used-part-of-pool-barrier.aspx||Other structures used as part of the pool barrier||If you plan to use a building or a boundary fence as part of your pool barrier, you need to show us your plans, drawings and photos so we can check it complies with building code and fencing requirements.||aspx||Pool fencing|
|Pool legislation||https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/pool-legislation.aspx||Pool legislation||Read about the changes regarding residential and small heated pools, that the Building (Pools) Amendment Act 2016 brought about.||aspx||Swimming and spa pools|
|Remove a pool||https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/remove-pool.aspx||Remove a pool||Find out how to remove the pool from our register.||aspx||Swimming and spa pools|
|Pool area safety checklist||https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/restrict-access-pool-area.aspx||Pool area safety checklist||Find out how to make your pool safe by making sure that the barrier height, ground clearance, pool gates and area, comply with the building code.||aspx||Pool fencing|
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