Changes To Pool Fencing And Boundary Fencing Laws

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Recently there were amendments to the Building Act 1975 (BA) relating to pool fences on common boundaries and they are enforceable from 1 November 2011.
The amendments provide that all rules relating to pool fences on common boundaries are now found in the BA. The amendments also provide some new rules for pool fences on common boundaries. The changes allow pool owners in prescribed circumstances to construct or alter a pool fence without first obtaining the agreement of their neighbour. However, pool owners are encouraged to consult with adjoining owners and the BA provides that pool owners must give neighbours notices about proposed work at least 14 days prior to undertaking any work. The notice (Form 39—notice of proposed fencing work for a pool barrier) must include information on the type of fence proposed and the materials that will be used.

Agreement—new and existing fences
The changes provide that where there is no pool on the adjoining land a pool owner can construct a pool barrier on the common boundary without having to first obtain agreement from their neighbour. However, where the adjoining owner also has a pool, the pool owner proposing fencing work is required to obtain consent from their neighbour prior to undertaking constructing a new fence or work on an existing fence. This is to ensure the proposed fence can
comply for both pools.

Existing fences—colours and materials
Where there is an existing fence the BA provides that the pool barrier must be consistent with the existing fence for matters such as materials and colours, unless this would prevent the fence from complying with the pool safety standard. If a pool owner proposes to significantly vary the character of an existing fence, they must obtain either consent from their neighbour or an order from the Queensland Civil and Administrative Tribunal (QCAT) allowing
them to build a different type of fence.
For more information or any questions you may have regarding your Body Corporate and how these new rules may affect you please don’t hesitate to contact Cathy in our Body Corporate office on (07) 5448 8725.

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