Boundary fence as a pool fence in NSW: who pays and the 1.8 m rule

Published 22 October 2026

When a boundary fence is part of the pool barrier

The NSW Government's guide for owners says the pool barrier must separate the pool from the house and from "any place adjoining the property". Where the pool sits near a side or rear boundary, the fence on that boundary often does that job for one or two sides of the pool area.

Section 18 of the Swimming Pools Act 1992 lets the owner decide where the barrier goes. So you can use the boundary fence as part of the barrier, or build a separate pool fence inside it.

Boundary pool fence height: 1.8 m from the pool side

The NSW Government's guide says: "If a boundary fence is part of the pool fence, the barrier must be 1.8m high." The NSW Swimming Pool Register checklists for pools built from 1 September 2008 add where to measure: "at least 1800mm high measured from the inside of the pool area".

So the height on your neighbour's side doesn't settle it. If your ground is higher, or a garden bed, step or retaining wall sits against the fence on your side, the fence can fall short.

The register's checklist for pools built before 1 September 2008 gives 1200 mm for a boundary fence, and Bayside Council notes the height "may vary for older pools" that have kept to an older standard. If your pool is older, ask the certifier which standard applies. The pool fence height guide covers the other measurements.

The non-climbable zone and your neighbour's side

Bayside Council puts the non-climbable zone for a boundary barrier on the pool side. It says the zone "is located on the inside (pool side) and extends 900mm from the top and outwards from the barrier", and that landscaping, decks, retaining walls, steps, lighting and furniture must not intrude into it. Penrith City Council also puts the 1800 mm measurement inside the pool area.

For a 1.8 m boundary barrier, we found no NSW rule that makes your neighbour's side part of the non-climbable zone. What matters is the pool side: keep plants, pots, furniture and anything else climbable clear of the top 900 mm, and keep the gap under the fence to no more than 10 cm. On an older pool with a lower boundary fence, the outside can matter too, so ask the certifier.

Who pays for a boundary pool fence: section 33

Section 33 of the Swimming Pools Act deals with this directly. The cost of building, altering, repairing, replacing or maintaining a dividing fence is borne by the owner of the property with the pool, "to the extent to which they are attributable to work done for the purpose of complying with the requirements of this Act". If both properties have pools, those costs are shared "in appropriate proportions". Section 33 overrides the Dividing Fences Act where the two conflict.

So the pool owner pays the extra needed to make the fence a compliant pool barrier, such as raising it to 1.8 m on the pool side. It doesn't make the pool owner pay for the whole fence. The State Library of NSW's guide to neighbour law puts it the same way: the "extra expenses" fall on the owner of the property with the pool.

Sharing the rest of the cost: the Dividing Fences Act

For everything else, the Dividing Fences Act 1991 applies. Neighbours share equally the cost of a "sufficient dividing fence" (section 7). What counts as sufficient depends on the existing fence, how both properties are used, privacy, the kind of fence usual in the area and any council policy (section 4). A neighbour who wants a higher standard than that pays the difference.

1. Talk to your neighbour first, with a quote that shows the work.
2. Serve a written fencing notice. Section 11 says it must give the boundary line, the type of work and its estimated cost, and it can propose a different split, such as the pool owner paying the pool-compliance part.
3. Wait. Your neighbour doesn't have to contribute to work done before a notice is served or before you agree, except urgent repairs.
4. If you haven't agreed a month after the notice, either of you can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a fencing order.

NCAT's dividing fences page says to serve the fencing notice at least 1 month before applying and to attach it. Legal Aid NSW publishes a guide to fencing notices.

Raising a boundary fence: the 1.8 m approval limit

The NSW Planning Portal says side and rear boundary fences in residential zones can be built without council approval if they're no higher than 1.8 m, or 1.2 m for masonry, among other conditions. On bushfire-prone land the fence must be non-combustible or hardwood, and land on the State Heritage Register or under an interim heritage order is excluded.

That 1.8 m limit and the 1.8 m pool rule can pull against each other. Where the ground is higher on one side, a fence that measures 1.8 m on the pool side can measure more than 1.8 m on the other. Check with your council before raising a boundary fence above 1.8 m.

A separate pool fence inside the boundary

Instead of raising the boundary fence, you can build a pool fence inside it. The boundary fence is then no longer part of the pool barrier, so the 1.8 m rule for boundary fences doesn't apply to it, and the new fence follows the ordinary pool fence rules: at least 1.2 m high, no gap over 10 cm and a clear non-climbable zone.

This can suit a sloping boundary, a fence in poor repair that the neighbour won't replace, or a fence covered in plants. It does take space from the yard.

Boundary fence costs in Sydney

Boundary fence prices in Sydney

What's The Damage, Sydney fencing cost guide, low / typical / high, installed per metre, prices include GST, updated October 2026, checked 22 October 2026. A cost guide, not a contractor's quote. No Sydney fencing contractor was found publishing a price for raising a fence or converting one into a pool barrier.

The pool fence repair cost guide has prices for pool fencing, gates and repairs.

Common questions