Pool barriers in NSW
In NSW, pool owners must at all times keep the pool surrounded by a child-resistant barrier that separates it from the house and any neighbouring place, keep the doors and gates to it closed, and keep the fence to the relevant Australian Standards. The fence must be at least 1.2 metres high from finished ground level. Trees, shrubs and other objects must stay out of the 90 cm non-climbable zone, which is where a garden and a pool fence meet.
General information, not legal advice. The rules come from the Swimming Pools Act 1992 and the NSW Government’s pool owner pages; a local council or a registered certifier can inspect a pool or spa.
Pool and spa barriers
NSW Government, Building Commission NSW
9 October 2026
The reason, in the NSW Government’s words: “Drowning in swimming pools is a leading cause of preventable death in children under 5 years of age.”
Pools the law covers
The Swimming Pools Act 1992 applies to pools and spa pools on sites with a residential building, a movable dwelling, or tourist and visitor accommodation, including those being built. “The law applies to any excavation, structure or vessel including swimming pools and spa pools that are:” “capable of being filled with water to a depth greater than 30cm, and” “used, designed, manufactured or adapted for swimming, wading, paddling or any other human aquatic activity.” Portable pools that can hold more than 30 cm of water have the same fencing and safety requirements as permanent ones.
Fence measurements
- At least 1.2 m high, measured from finished ground level.
- No gap at the bottom bigger than 10 cm from finished ground level.
- Where a boundary fence forms part of the pool fence, the barrier must be 1.8 m high.
- No gaps of more than 10 cm between vertical bars.
- Climbable horizontal bars at least 90 cm apart.
- For a 1.2 m fence of perforated or mesh material, holes no larger than 13 mm.
- Kept well maintained and in good working order.
The garden beside the fence
“Any trees, shrubs or any other objects such as a barbeque, pot plants, toys, ladders and chairs must not be within the 90cm non-climbable zone.” The zone is measured as an arc from the top of the fence down towards the ground, and it also takes in the 30 cm inside the pool area, which should be kept clear of footholds and handholds. Where a pool area falls short, the NSW Government suggests a licensed builder, pool technician or fencing contractor to bring it into line.
Gates
“Check to ensure that your pool gate:”
- “is never propped open and is always kept shut”
- “swings outwards (away from the pool area). If it does not swing outwards, the gate must be re-hung so that it does”
- “shuts automatically from any open position, without having to forcibly close it”
- “automatically locks (self-latches) when it closes.”
New pools
“When building or installing a new pool, you must:”
- “talk to your local council about approval requirements in your area or check the supplier details regarding spa or portable pool installation requirements”
- “use a builder who is licensed by the Building Commission NSW”
- “ensure that a principal certifier (council or private certifier) has been appointed”
- “install child-resistant temporary fencing around the pool area while it is under construction”
- “ensure that the permanent pool fence complies with the Building Code of Australia”
- “arrange an inspection by the principal certifier once the permanent fence has been installed”
- “not allow the pool to be used by anyone until an occupation certificate has been issued”
- “install and maintain signage stating that the pool is not to be used until an occupation certificate has been issued.”
Australian Standards
Three pool safety standards apply in NSW, depending on when the pool was built. The newest, AS 1926.1-2012, applies to pools built after 1 May 2013; the full list is on the NSW Government’s page. For a garden renovation, one line matters most: if the barrier is modified or altered, which may include house and yard renovations, the current Act, the Swimming Pools Regulation 2018 and AS 1926.1-2012 apply, and earlier exemptions end.
Licensed trades
Swimming pool repairs and servicing is a licensed trade of its own, and it “does not include any work related to paving, decking, landscaping or fencing for a pool or spa.” Fencing, paving and decks appear instead among the examples of structural landscaping.
Registration and signs
Every pool and spa must be on the Swimming Pool Register, recorded against the property address; a council can register one for a small fee. Registration is not compliance, which is assessed separately by inspection. A CPR sign must be displayed near the pool, in good condition and readable from 3 m away.
A tree near the pool may also need a permit, as trees in Sydney and NSW explains, and filling a new pool is covered in Sydney Water’s water rules. The backyard plan brings the five guides together.