Pool fencing refers to the legal requirement for swimming pools and spas on residential properties to be surrounded by a compliant safety barrier. Every Australian state and territory has pool fencing legislation designed to prevent unsupervised access to the pool area, particularly by young children. As a landlord, it is your responsibility to ensure the pool fence meets the current standard, alongside other obligations like smoke alarm compliance and minimum housing standards.
These laws apply to all swimming pools and spas capable of holding water to a depth of 300mm or more, including above-ground pools, inflatable pools in some states, and spa baths.
What Compliance Requires
While the details vary by state, a compliant pool fence generally must:
- Be a minimum height: typically 1.2 metres measured from the outside
- Have no climbable objects nearby: trees, furniture, pot plants, or other objects that could help a child climb over the fence must be kept clear
- Have a self-closing, self-latching gate: the gate must swing outward (away from the pool) and close and latch automatically
- Have no gaps: gaps between vertical bars must be small enough that a child cannot squeeze through (typically no more than 100mm)
- Meet the Australian Standard: AS 1926.1 sets out the technical requirements for pool barriers
Inspections and Certificates
Most states require a pool compliance certificate, which involves an inspection by a certified inspector. These certificates may need to be renewed periodically, every three or four years in some states. Some states require a valid certificate before you can sign a lease agreement or sell a property with a pool.
Consequences of Non-Compliance
Penalties for non-compliant pool fencing can be substantial. Beyond the fines, if an incident occurs at a property with a non-compliant pool fence, the legal and personal consequences are severe. Insurance may not cover claims arising from non-compliant pool barriers.
Why It Matters for Landlords
If your rental property has a pool or spa, pool fencing compliance is not optional. Schedule regular inspections, keep your compliance certificate current, and check the fence periodically for damage or climbable objects. The cost of maintaining a compliant fence is small compared to the risk of non-compliance.
propkt helps you track compliance certificates and maintenance tasks so you can set reminders for pool fence inspections and certificate renewals.