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VIC Swimming Pool Fences - What To Do?

Discussion in 'Property Law Forum' started by Jen_01, 29 January 2015.

  1. Jen_01

    Jen_01 Active Member

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    Our neighbour has a swimming pool. The dividing (boundary) fence between our backyards is part of the fence around their swimming pool and is only 1.6m high.

    We had friends over and they pointed out to us that boundary fences should be at least 2.4m high as it is part of the fence around our neighbours' swimming pool. They have barriers on 3 sides of the pool, but there is no barrier between the pool and our boundary fence. Our friends told us that the fence is not compliant with the rules. We do not know the neighbours as they live in the street behind us.

    The neighbours' swimming pool has been built since around 1997 and the boundary fence has never been changed or updated. Some of the fence palings are falling apart too and the pool can be clearly seen in the gaps, hence we can see there is no barrier between the pool and the boundary fence. We also have other visitors who have young children and we are obviously very concerned about this.

    We live in the Knox area in Melbourne. What can we do about it please?
     
  2. Rod

    Rod Well-Known Member

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    To reduce your own liability you need to take action.

    Speak to them first.

    If that doesn't get a result, contact the council.
     
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  3. Jen_01

    Jen_01 Active Member

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    Thank you Rod
     
  4. Ash

    Ash Well-Known Member

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    In WA it is the property with the pool who is responsible and it is the height within the property that has the pool that counts.

    We have a rear lane out the back. One neighbour has a pool with a brick wall along one side, their next door neighbour has a retaining wall about 80cm high then a stratco fence. I have watched kids use this as a step to climb up onto the wall which surrounds the pool.

    I phoned the council and they advised it was the height from the ground around the pool not the height in the neighbours property. They inspected the property with the pool and it complied. The council's reasoning was it was very difficult to control what your neighbours did with their property so as long as the property with the pool was compliant in regards to the fence that surrounds the pool and the height of the fence that was it.

    Phone the council, find out and you can always lodge an anonymous complaint. I understand you want to reduce your liability however it is their pool and they need to insure they are complaint with the relevant fencing regulations at their cost. In my experience the councils don't take this matter lightly.
     
  5. Jen_01

    Jen_01 Active Member

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    Thank you so much Ash.
     
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