Pool fencing in NSW is a legally mandated safety barrier, required by the Swimming Pools Act 1992 and the Building Code of Australia to separate children from pool water access. When the pool is removed, the legal basis for the fence requirement disappears. But the fence can’t simply be left in place indefinitely, and its removal has its own compliance steps.
Quick Answer (BLUF)
When a pool is removed in NSW, the pool fence must also be removed (it cannot remain as a general-purpose fence without appropriate recertification). The removal of the fence and deregistration of the pool from the NSW Swimming Pools Register is part of the compliance process managed through your certifier. In Wingecarribee Shire, the certifier issuing your pool removal compliance certificate should confirm that the fence has been removed or is being retained for another approved purpose.
Why the Pool Fence Must Come Down
Pool fencing in NSW exists for one legal purpose: to prevent unsupervised child access to a swimming pool. Once the pool no longer exists:
- The legal requirement for the barrier disappears
- The fence has no continuing function as a pool safety barrier
- Leaving a “pool fence” in place around a former pool area creates ambiguity about the site’s status
- The property must be updated on the NSW Swimming Pools Register to reflect that no pool exists
In practice, some old pool fence posts and panels can be repurposed as garden fencing, paddock fencing, or a boundary fence, but they must first be removed from the pool barrier approval and then re-installed (if desired) as a different fence for a different purpose with different (or no) approval requirements.
The Pool Fence During Removal: Safety During Works
Before removal works begin, the pool fence must remain compliant and functional to prevent any child from accessing the pool area during the period while the pool is still present (draining and early demolition stages).
NSW law requires the pool barrier to remain in place until the pool is effectively inaccessible, which typically means until the pool shell is demolished or filled and no longer holds water or presents a drowning risk.
Practically, this means:
- The fence should remain intact on day one of works while the pool is still present
- Once the shell is broken or filling has begun (and the pool no longer poses a drowning risk), the fence can come down
- If works are staged over multiple days, the site should be secured overnight to prevent access
See pool fencing obligations during removal in NSW for the detailed guidance on the transition period.
Types of Pool Fencing and Removal Implications
| Fence Type | Removal Complexity | Post-Removal Options |
|---|---|---|
| Steel post and aluminium panel (most common) | Simple, panels un-clip or unbolt | Panels and posts can be resold or reused |
| Glass panels (frameless or semi-frameless) | Moderate, glass panels heavy, need care | Glass can be resold if not damaged |
| Colorbond or zincalume infill | Simple | Steel panels can be reused as garden fencing |
| Timber pool fence | Simple | Timber can be reused or disposed of |
| Fence integrated with boundary wall | Complex, boundary fence may need modification | May need new boundary fence element |
| Pool fence combined with child-resistant gate to building | Complex, building access may need reconfiguration | Gate may be retained as part of general access |
Council Sign-Off: What’s Required
The pool fence removal is part of the overall pool removal compliance process. Specifically:
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During the CDC/DA approval process, the approval documents will note that the pool fence must be removed as part of the works.
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During works, the fence is removed at the appropriate stage (once the pool no longer presents a water access risk).
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At completion, the certifier completing the final inspection should confirm:
- Pool shell has been removed or appropriately filled
- All pool fencing has been removed
- No pool barrier elements remain that could confuse the site’s status
- The NSW Pools Register is to be updated to reflect pool removal
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The NSW Pools Register is updated within 7 days of the compliance certificate being issued. This deregisters the property. Once deregistered, there is no ongoing obligation relating to pool fencing.
What Happens to the Gate
Pool safety barriers in NSW must include a self-closing, self-latching gate. When the pool is removed, the gate is simply part of the fence to be dismantled. Gates are often in better condition than the fence panels and can be resold, a functioning pool safety gate in good condition has secondhand value to another pool owner.
Can I Keep the Pool Fence as a Garden Fence?
Yes, but with caveats. Pool fence materials (aluminium panels, steel posts, glass panels) are often in good condition and can be repurposed as garden fencing or boundary fencing. However:
- They must be removed from the pool fence approval first (which happens as part of pool removal compliance)
- If reinstalled as a different fence, they become general garden fencing, they don’t need to meet pool fence standards if there’s no pool
- Their reinstallation as general fencing may need building approval if they form part of the boundary or exceed certain height limits
Discuss with your contractor whether pool fence components can be stored separately during removal works for reuse elsewhere on the property.
The NSW Swimming Pools Register: Deregistration
The NSW Swimming Pools Register is a database administered by the NSW Swimming Pools Act. All private swimming pools in NSW must be registered. When a pool is removed:
- The property owner must notify the Register within 7 days of the pool being removed and compliance certified
- Notification is made via the NSW Swimming Pools Register online portal
- The pool is deregistered, no further compliance obligations apply
Your certifier should prompt you to do this as part of the compliance close-out, or may do it on your behalf as a service. See the guide on removing a pool from the NSW Swimming Pools Register for the step-by-step process.
Wingecarribee Shire: Local Process
In Wingecarribee Shire, pool fence removal is confirmed as part of the overall pool removal compliance certificate. The certifier you engage will:
- Include fence removal in the inspection checklist
- Confirm fence removal is complete at the final inspection
- Issue the compliance certificate covering both shell removal and fence removal
- Advise on the Pools Register update
The Wingecarribee council pool removal guide covers the full local process.
Fence Disposal and Recycling
Pool fence components have good recycling and resale value:
| Material | Disposal Pathway |
|---|---|
| Aluminium panels | Metal recycler ($1.50, $2.50/kg for aluminium scrap) or resale |
| Steel posts (powder coated) | Metal recycler or reuse |
| Glass panels (frameless) | Resale if undamaged; glass recycler if broken |
| Colorbond steel | Metal recycler or reuse as shed cladding, garden edging |
| Gate hardware (self-closing hinges, latch) | Resale to pool owners; hardware recycler |
A standard pool fence set for a 7m × 3.5m pool might yield $100 to $400 in scrap metal value or $500 to $1,500 secondhand if in good condition. If selling secondhand, list on Gumtree or Facebook Marketplace a few weeks before removal.
Frequently Asked Questions
Can I remove the pool fence before the pool is filled in? No, the fence must remain in place while the pool contains water or while any part of the pool structure presents a drowning risk. The fence can come down once the pool shell is broken or filled and no longer holds water. Do not remove the fence prematurely.
Does the pool fence need to be inspected before removal? No, the pool barrier compliance inspection is relevant while the pool exists. Once the pool is being removed, the barrier inspection cycle ceases. The certifier’s final inspection confirms that the fence has been removed, not that it complied before removal.
What if the pool fence is part of my boundary fence? Pools where the boundary fence forms part of the pool barrier are common, particularly in older Bowral and Mittagong properties. When the pool is removed, the boundary fence section remains as a boundary fence (with no special pool safety requirements). The self-closing gate can be replaced with a standard gate or removed.
Does removing the pool fence require a separate council approval? No, fence removal in this context is part of the pool removal approval. You don’t need a separate fence removal approval.
What if I want to reinstall the fence somewhere else on the property as a garden fence? That’s fine, the materials are yours to keep and reuse. Garden fencing reinstalled on your property generally doesn’t require council approval (subject to height limits). The previous pool fence approval is extinguished when the pool is deregistered; the materials can be used without any reference to their previous pool safety status.
For pool removal including fence removal and compliance sign-off in the Southern Highlands, contact Southern Highlands Pool Removals to arrange a free quote.