Dividing fences as pool barriers
In Queensland, dividing fences are often used as pool barriers as an efficient way to comply with pool safety laws.This fencing work must comply with pool safety standards.
Notifying neighbours of fencing work
Non-urgent work
If you want to alter or replace part of a dividing fence to make a pool barrier, you should discuss the work with your neighbour before making any decisions.
If you decide to do the fencing work without your neighbour’s agreement, you must give the neighbour Form 39—Notice of proposed fencing work for a pool barrier (PDF, 48KB) at least 14 days before starting any work.
This form provides information on the type of fence proposed, the materials to be used and distribution of costs involved.
The proposed pool barrier must be consistent with the existing fence (e.g. similar materials and colours), unless this would prevent the fence complying with the pool safety standard.
Urgent fencing work
Urgent fencing work may be needed if all or part of a dividing fence is damaged or destroyed.
If you need to do urgent fencing work, you may need your neighbour to contribute to a share of any reasonable cost incurred. In this case, you must give your neighbour Form 40—Notice to contribute for urgent fencing work for a pool barrier (PDF, 106KB).
If it isn’t practical to give a neighbour notice in this case, you may complete the fencing work to restore the dividing fence to a reasonable standard without giving notice.
Paying the cost of fencing work
The pool laws adopt a user-pays system:
- If you need to do fencing work for your pool fence to be compliant, you pay the full cost of the work.
- If there is a pool on both sides of the dividing fence and:
- both pool owners need the work to make the barrier compliant, they share the cost equally
- only one of the pool owners requires fencing work, the pool owner needing the change pays the full cost.
If the adjoining neighbour has received Form 39 (Notice of proposed fencing work) or Form 40 (Notice to contribute for urgent fencing work), they need to complete Form 41—Agreement to contribute for fencing work for a pool barrier (PDF, 71KB), which notifies us whether they will or won’t contribute to costs.
Disagreeing on pool fencing work
If you and your neighbour disagree about the proposed fencing work or shared costs provided on Form 39, you may need assistance to resolve the dispute.
The Queensland Civil and Administrative Tribunal (QCAT) resolves disputes between adjoining owners about fencing work for a dividing fence that forms part of a pool barrier.
If you can’t agree on the proposed fencing work or costs within 1 month after Form 39 is provided, either party may apply to QCAT for a decision.
You must apply to QCAT within 2 months of Form 39 being provided.
No fence on common boundary line
If no fence exists, you may build part of a pool barrier along the common boundary without agreement from the adjoining owner.
However, you must still provide a Form 39 notice about proposed work at least 14 days before starting any work.
Additionally, the pool fence can only be made from prescribed materials, including wood, chain wire, metal panels or rods, bricks, rendered cement, concrete blocks and other material usually used to build a dividing fence.
This doesn’t include hedges, vegetative barriers or any material that doesn’t comply with the pool safety standard. A hedge or vegetation may provide climbing points or not be strong enough to keep a child out of the pool enclosure.
Not providing notice
If you start fencing work without giving proper notice, this work is considered unauthorised. The other party may then apply to QCAT for an order.
Changing or replacing a fence
If you want to significantly vary the character of an existing fence, you must get consent from your neighbour or an order from QCAT.
If the neighbour isn’t satisfied with the final look of a fence, they may paint or change the appearance of their side of the fence if they don’t materially alter or damage the fence.
Special purpose fences
Under the Building Act 1975, you must respect existing fence construction and comply with requirements for a special purpose, such as a dog enclosure that prevents a child reaching a dog.
In this case, you would ensure that the completed pool barrier also prevents a child from reaching into the dog enclosure, so the dog owner isn’t disadvantaged by the use of a common boundary as a pool barrier.
Buildings on a common boundary
A building wall that’s on a common boundary can be used as part of a pool barrier if it complies with the pool safety standard.
You must not alter the building without the building owner’s consent.
If part of the wall doesn’t comply with the pool safety standard, you must build a separate barrier unless the neighbour agrees to the changes.
Accessing a neighbour’s property
If you need entry to an adjoining property to construct part of a pool barrier, you must get the neighbour’s consent or an order from QCAT.
Overhanging branches
If you’re concerned about a neighbour’s tree overhanging their pool, you may find a solution under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Read more about fences and tree disputes.