Pool fencing obligations in NSW do not pause when you decide to remove a pool. The NSW Swimming Pools Act 1992 requires a compliant barrier around any pool capable of holding water, and an empty or partially drained pool meets that definition until the pool is physically incapable of holding water. This is the rule most homeowners miss when they start removing fencing early, and it is one the NSW Swimming Pools Register and Wingecarribee Shire Council both enforce.
The Swimming Pools Act still applies to your empty pool
Draining your pool is not the same as removing it. An empty concrete or fibreglass shell can still hold water; the structure is intact and capable of being refilled. Under the Swimming Pools Act 1992, the barrier obligation exists as long as the pool structure exists and is capable of holding water.
This means:
- You cannot remove the pool fence before the pool is demolished
- You cannot take down fence panels to create machine access without providing a compliant alternative barrier
- An open excavation mid-removal must be fenced
The purpose of this rule is straightforward: an empty pool is still a fall risk, and an open excavation is an even greater one. Children can fall into empty pools and be seriously injured by the fall alone, even without water.
What counts as a compliant barrier mid-project
A compliant barrier under NSW law is a fence that:
- Is at least 1,200mm high (measured from the outside)
- Has no gaps a 100mm sphere can pass through
- Has a self-closing, self-latching gate opening away from the pool
- Is not scalable (no horizontal rails below 900mm that could serve as footholds)
When you remove fence panels to allow machine access, the temporary replacement must meet these same standards, or you must ensure the pool is no longer accessible from the point where the temporary gap exists. In practice, this usually means either keeping the permanent fence intact until the pool is demolished, or erecting temporary hire fencing that meets the same specification.
Temporary fencing during demolition
Temporary pool fencing panels (the type used on construction sites) are available for hire and can satisfy the barrier obligation during the works. Standard construction site safety mesh panels (1,200mm high, closely woven) are not automatically compliant for pool barrier purposes because their mesh is not always fine enough to prevent footing. Confirm with your hire company that the panels meet pool barrier specifications before relying on them.
The practical sequence for managed access:
- Keep the existing pool fence intact until the excavator is ready to begin demolition.
- Remove only the section or panel needed for access. Erect compliant temporary barrier immediately to cover the gap.
- Proceed with demolition.
- Once the pool is broken down to the point where it can no longer hold water (the shell is fractured and rubble begins), the pool barrier obligation ceases.
- The permanent fence can be reinstated or removed once the pool is no longer capable of holding water.
Discuss this sequence with your contractor before the job starts. A good contractor will plan the access and barrier management as part of the job, not as an afterthought. Our full pool removal service includes this planning as standard.
When the fence can lawfully come down
The pool fence can lawfully come down when the pool is no longer capable of holding water. For a full demolition, this point is usually reached on day one or day two of the on-site works, once the concrete shell is fractured and the base is open. The pool at that stage cannot hold water; the barrier obligation ceases.
For a partial fill-in, the timing is different. If the walls are left in place and only the void is filled with granular material, the pool is still technically capable of holding water if the fill were ever removed. Whether the barrier obligation persists through a partial fill-in depends on how Wingecarribee Shire Council interprets the final state. Discuss this with council before proceeding with a partial pool removal and fill-in if you intend to remove the fence as part of the project.
Once the pool is demolished and the barrier obligation ceases, the fence is no longer required by the Swimming Pools Act. You may remove it, repurpose it, or incorporate it into your general boundary fencing. See our how long does pool removal take guide for the day-by-day sequence and when each stage is reached.
Neighbour and insurance implications
An open pool or an open excavation without adequate fencing creates public liability risk, particularly if the property is on a street with pedestrian access or if neighbours have children. Your home building and contents insurance public liability section may not cover incidents that occur because a barrier that was legally required was not in place.
The insurance implications of pool removal are covered in more detail in our pool removal insurance guide. The short version: do not remove the fence prematurely, do ensure any open excavation is fenced during a multi-day job, and confirm with your insurer that your public liability coverage is active during the works period.
Removing the fence as part of the job
On many Highlands properties, the pool fence is a separate internal structure that has outlived its purpose and the owner wants it removed entirely once the pool is gone. This is a very common request and can be scoped as part of the overall job.
Where the pool fence is integrated into the boundary fence, removal requires care to ensure the boundary fence is reinstated adequately after the pool barrier components come out. This is particularly relevant on older Bowral and Mittagong properties where the pool fence was installed decades ago and may now form the de facto boundary fence.
Our pool removal process timeline covers the sequence from start to completion. For the register update that must follow the pool removal, see our NSW Swimming Pools Register guide. If you need council approval documentation for the fence removal specifically, the permits checklist and council approval guide are the starting points.
For compliance certificates relevant to property sale, see our certificate of compliance guide. For the DIY above-ground scenario, where the fencing question is slightly simpler, our DIY above-ground removal guide covers the specific steps.
FAQs
Can I take down the pool gate to allow machinery access while keeping the side fences?
Not safely or legally. A gate removed for access creates a compliant-barrier gap that the Act requires to be closed. You must either install temporary compliant barrier panels to close the gap while the gate is removed, or keep the gate in place and find alternative machine access.
What if my pool fence is in poor condition, can I just leave it?
Under the Swimming Pools Act, the barrier must be compliant throughout the period the pool exists. A fence that is damaged, sagging or has gaps is not compliant regardless of how soon the pool is being removed. Wingecarribee Council can issue a compliance notice for a non-compliant barrier even if removal is imminent.
Does a concrete pool that is cracked and leaking still require a fence?
Yes. A cracked and leaking pool is still a pool structure capable of holding some water and is still a fall hazard. The barrier obligation applies. Only once demolition renders it physically incapable of holding water does the obligation cease.
My pool is bone dry and has been for years. Do I still need the fence?
In law, an empty pool is still a pool. The barrier obligation under the Swimming Pools Act is tied to the existence of the pool structure, not to whether there is water in it at any given time. Council inspectors routinely enforce barrier compliance on empty pools.
Who is responsible for temporary fencing during a contractor-led removal?
Responsibility should be clearly stated in your contract. In practice, the contractor manages the worksite, including access and barriers, during working hours. During non-working hours (overnight, weekends during a multi-day job), the responsibility reverts to the property owner. Confirm your contract explicitly addresses this.