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Non-complying pools or pool barriers

Ngā puna kaukau me ngā taiapa ā-puna kaukau

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).

 Related topics

 

 

Other structures used as part of the pool barrierhttps://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/other-structures-used-part-of-pool-barrier.aspxOther structures used as part of the pool barrierIf you plan to use a building or a boundary fence as part of your pool barrier, you will need to show us your plans, drawings and photos so that we can check if your pool and pool barrier complies with the building code and fencing requirements.aspx
Pool legislationhttps://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/pool-legislation.aspxPool legislationRead about the changes regarding residential and small heated pools, that the Building (Pools) Amendment Act 2016 brought about.aspx
Remove a poolhttps://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/remove-pool.aspxRemove a poolCheck if you need a consent to remove your pool. Find out how to remove the pool from our register. aspx
Pool area safety checklisthttps://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/restrict-access-pool-area.aspxPool area safety checklistFind 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
Regular safety checks of your pool fence and barrierhttps://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/check-compliance-existing-pool-barrier.aspxRegular safety checks of your pool fence and barrierFind out what you need to tell us before you book a swimming pool (and fencing) inspection, how many inspections you will need and what happens if your pool is non-complying. aspx
Inspections you need when installing a new poolhttps://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/install-residential-small-heated-pool/Pages/check-compliance-of-new-pool-pool-barrier.aspxInspections you need when installing a new poolInformation 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