NSW Construction - Swimming Pool Fence Compliance?

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Dasher

Member
12 September 2018
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Hi,

Yesterday, I applied for a swimming pool compliance certificate (NSW). The pool was constructed in 2003, with a construction certificate issued by the local council at that time.

The local council informed me that it did not comply as the ground clearance to the bottom of the fence was greater than 100mm. Under Australian Standards it must be less than that.

A couple of questions:

1. I have tried to locate what the Australian Standard for ground clearance at the time of construction was. I haven't been able to find anything concrete but I am guessing it was 100mm back then

2. Under the conditions of the DA at that time council inspected the construction of the pool and fencing. If at the time the AS was 100mm and council inspected during construction would they be negligent in that they allowed the construction to take place which failed to meet the AS, and also issued a construction certificate upon completion ?

Do I have any recourse on council or should I just wear the expense to have the fence adjusted to meet the AS and be able to obtain the required Compliance Certificate, which I require for the Contract of Sale ?

Any help or guidance would be much appreciated

Regards,
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Just wear it. You'll likely find that somewhere there is a clear requirement that the owner must keep the fencing compliant with current requirements. Whether it was or was not is irrelevant - you now know it is not compliant and it will have to be fixed.
 
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Dasher

Member
12 September 2018
2
0
1
Just wear it. You'll likely find that somewhere there is a clear requirement that the owner must keep the fencing compliant with current requirements. Whether it was or was not is irrelevant - you now know it is not compliant and it will have to be fixed.
Thank you so much for taking your time out to reply
Really appreciate it