However, like most home modifications, there are strict guidelines to follow, and the rules are slightly different for each state and territory in Australia. Get one of our team members to give you a call to discuss your project! You do not need a dividing fence if neither you nor your neighbour wants one. NSW will allow land to be cleared up to 25m from property boundary, citing bushfire concerns Proposal to ‘empower’ landowners to clear without … The general rule is that any repairs to a fence should be split 50/50. There are other strict criteria that apply specifically to boundary fencing. Environmental & Customer Services DepartmentPhone: 02 6540 1136Fax: 02 6545 2671council@upperhunter.nsw.gov.au. However, where the fence has been damaged because one of you was careless or reckless, then the person responsible for the damage usually incurs the cost of repairing it. We have a COVID-19 Safety Plan and are committed to keeping you safe. application process or complying development process. Fences within the Upper Hunter Shire must be erected in accordance with the Code for the Erection of Fences, Screen and Courtyard Walls. Fortunately, the answer is ‘Yes.’ In most cases you can use a boundary fence as a pool barrier. of Fences, Screen and Courtyard Walls. Can my neighbour look over my fence? trees, shrubs, pot plants, ladders) can be situated within the 90cm non-climbable zone. If your neighbour wants more than this, they will usually need to pay the difference themselves. If mediation is not successful, the person who wants the fence can serve a Fencing Notice on their neighbour. Having a secure and compliant pool barrier is key to preventing drownings all year round. In NSW, no climbable objects (i.e. There are numerous regulations set out under the NSW Pool Safety Standards. Dividing Fences Act 1991. Copyright © 2020 Upper Hunter Shire Council, Scone Regional Airport Terminal and Warbird Aviation Attraction project updates, Visitor Information Centre Meeting Room, Merriwa, Sporting Fields and Recreation Opportunities, What to do when your pet has gone missing, Local Orders Policy for the keeping of animals and birds, NSW Container Deposit Scheme - Return and Earn, Pollution Incident Response Plans for Waste Management Facilities, Visit the Blue House for water saving ideas, Commercial Liquid Trade Waste Application Forms, Public Exhibition of Proposed Amendment to Upper Hunter Local Environmental Plan 2013. However, where the fence has been damaged because one of you was careless or reckless, then the person responsible for the damage usually incurs the cost of repairing it. This is determined by land zoning. control and regulate dividing fences under the Dividing Fences Act 1991. Here is everything you need to know to make your pool fencing safe and compliant with Australian Standards. neighbours about dividing fences are among the most common neighbourhood Want to discuss the pool fence regulations in your area? Upper Hunter Shire must be erected in accordance with the Code for the Erection In a rural situation generally that will be a star picket/ring lock style but there are some subdivisions, in my area at least, that have different requirements, so you should check that. Fences within the Where you do not agree, the Local Court or the NSW Civil and Administrative Tribunal have the power to make an order about whether a fence should be erected. disputes. The law about the Of course your neighbour has to share the cost of the fence (unless he has some unlikely dispensation, or you are in a wierd subdivision banning boundary fencing). work is needed and they want the cost to be shared. separating the land of adjoining owners. Upper Hunter Shire Council is a local government authority and provides an extensive array of services including health and building; town planning; aged care; sporting and recreational facilities; roads; libraries; waste collection; airport facilities; saleyards; public venues; water; children, youth and families and tourist information. land, whether or not continuous or extending along the whole boundary If you can not agree, then a court or land board can make an order about who should pay. matters contact the Community Justice Centre or Scone Local Court. Even if the boundary fence in question has no obvious horizontal slats, footholds or handholds, or anything else which may aid in gaining access to the pool, the boundary fence must still be outside the non-climbable zone. A dividing fence does not have to be the best money can buy; it only needs to be sufficient. A swimming pool fence may be used as a dividing fence on two sides of a boundary. Some properties have restrictions on the type of fencing in the 88B Instrument. And, if you’re like most people in this situation, you may be wondering – is this allowed under NSW Pool Safety Standards? The boundary fence in question must also fall outside the ‘non-climbable zone’ around the pool. trees, shrubs, pot plants, ladders) can be situated within the 90cm non-climbable zone. If you can not agree, then a court or land board can make an order about who should pay. embankment, or a hedge or similar vegetative barrier, enclosing or bounding Contact Dunn & Farrugia today. In NSW, a pool fence must: be at least 1.2m high (as measured from the finished ground level) not leave a gap at the bottom bigger than 10cm from the finished ground level; if a boundary fence is part of the pool fence, the barrier must be 1.8m high; not have gaps of more than 10cm between any vertical bars in the fence If you plan to install a new boundary fence, or modify an existing boundary fence to use as a pool barrier, you may need to reach an agreement with your neighbour. outlines the responsibilities of owners in the cost of building a new fence and What Are the Different Types of Automatic Gates? separates the land of adjoining owners, whether on the common boundary of The Shire is predominantly rural and encompasses 8,100km2. Where a fence needs to be built, it is generally up to neighbours to split the cost. The NSW Government has be at least 1.2m high (as measured from the finished ground level), not leave a gap at the bottom bigger than 10cm from the finished ground level, not have gaps of more than 10cm between any vertical bars in the fence, if containing horizontal climbable bars, have these spaced at least 90cm apart, perforated or mesh barriers must have holes no greater than 13mm for fence heights of 1.2m, perforated or mesh barriers of 1.8m height with holes greater than 13mm must not exceed 100mm, The pool fence must be well maintained and in good working order. repairing or maintaining the fence. The law about the position of, and payment for, dividing fences in NSW is contained in the Dividing Fences Act 1991. Swimming pool construction requires council approval, which will include requiring fencing. Upper Hunter Shire is located in the Hunter Region of NSW, approximately 250km north of Sydney. In NSW, there is no legal right to privacy. For advice on whether you can use a boundary fence as a pool fence, contact Dunn & Farrugia today. Phone: 02 6540 1100Fax: 02 6545 2671council@upperhunter.nsw.gov.au, 135 Liverpool Street, Scone34-40 Vennacher Street, Merriwa47 Mayne Street, Murrurundi, After hours emergencies for roads, bridges, animal control, water, sewer & landfill Phone: 02 6540 1199. requires an owner to notify the adjoining owner if they believe that fencing A dividing fence is a fence which If your neighbour’s behaviour starts to border on harassment or intimidation, you should contact the police and try to obtain an Apprehended Violence Order. For advice on using a boundary fence as a pool fence, request a FREE quote. You may be asking this question if you have a swimming pool (or plan to install one) near a dividing fence on your property. Home / Can You Use a Boundary Fence as a Pool Fence? The Swimming Pool Act 1992 (NSW) requires that pool fences are 1.2 metres high and child resistant. Let’s take a closer look what they are. adjoining lands or on a line other than the common boundary. Besides asking your neighbour to stop, one thing you may be able to do is to try to block their view by building a higher fence or planting shrubs or trees around the perimeter of your land. As previously stated in the list above, any boundary fence you use as a pool barrier must be at least 1.8m high. Please refer to your local council (or Dunn & Farrugia) to collect the right information for your suburb. Report any illegal clearing in NSW to Environment Line at any time. specific laws that set out dividing fence requirements and processes which You will not need approval if the fence or gate meets all of the relevant development standards for exempt development. sharing of survey costs if required. © Copyright 2009-2020 - The Law Society of New South Wales (ABN 98 696 304 966, ACN 000 000 699), Solicitor Outreach Service (SOS) 1800 592 296, Professional Conduct and Advisory Panel (PCAP), Professional Conduct Advisory Panel (PCAP), Impact of COVID-19 on the legal profession, Law reforms will encourage more victims of sexual or family violence to seek help, NSW Government Solicitors Award winners announced, Law Society of NSW welcomes new CEO Sonja Stewart, National agreement on closing the gap an historic step, New mental health support service for NSW solicitors, Mental health clinicians in Police Area Commands welcomed, Addressing family and domestic violence more vital than ever, Former Law Society President appointed as Land and Environment Court Commissioner, High school program for future lawyers goes online during COVID-19, Law Society welcomes COVID-19 arrangements for electronic witnessing of legal documents, Viability, value and support: Law Society President’s 2020 vision, NSW prison population approaches all time high, New free legal service for bushfire victims, Making legal profession more accessible for people with disability, Space, the final frontier for legal profession, Legal support for drought affected rural communities, About the Specialist Accreditation Program, Managing stress for sustained performance over time, In-House Emerging Leaders Workshop Series, Thought Leadership Series - Religion and reform, Articles for in-house corporate solicitors, Handy hints for in-house corporate counsel, Practical advice from your committee members, Handy hints for government legal practitioners, Client legal privilege for government solicitors, WestConnex Hits Hurdle in Desane v State of New South Wales. 44 Preston Street Penrith NSW 2750 Australia, © 2020 Dunn & Farrugia - All rights reserved, qualified and knowledgeable fencing contractors, pool fencing for various residential and commercial applications, How to Block Your Neighbours ViewWith an Outdoor Privacy Screen, Why You Should Insist on BlueScope COLORBOND® Steel. In NSW, no climbable objects (i.e. Please refer to LawAccess NSW for more information or talk to Dunn & Farrugia for expert advice. This Act By phone: 131 555 By email: info@environment.nsw.gov.au Approval is required for all other fences through either the development Generally speaking though, any pool built after 1 August 1990 must be surrounded by a fence that separates the pool from the house. require approval from Council if they are of a location and height that Here is a general overview of the key pool fence measurements for NSW, where a pool fence must: There may be slight variations to these laws in your local area. We can advise you on your legal obligations and help you choose the perfect fence for your pool area.
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