Using a shared boundary fence as your pool barrier
If a shared boundary fence is part of your pool barrier, the Queensland Government says to talk to your neighbour first, and if they don't agree you must still give them a Form 39 at least 14 days before work starts. The pool laws use a user-pays system: if you need the work for your own pool fence to meet the standard, you pay the full cost.
When a boundary fence can be your pool barrier
QBCC says a dividing fence can work as a pool barrier if it is at least 1200 mm high, non-climbable on the outside, and has nothing climbable within 300 mm on the inside. A child must not be able to climb it from your neighbour's side either. The non-climbable zone guide explains the 900 mm zone and the options when the rails are on their side.
The notices
| Form | When |
|---|---|
| Form 39: notice of proposed fencing work for a pool barrier | Non-urgent work. Give it at least 14 days before starting (QBCC says 1 month if your neighbour also has a pool) |
| Form 40: notice to contribute for urgent fencing work | Urgent work on a damaged or destroyed fence. If notice isn't practical, you may restore the fence to a reasonable standard without it |
| Form 41: agreement to contribute | A neighbour who receives Form 39 or Form 40 completes it to say whether they will contribute |
Who pays
- If you need the work for your own pool fence to meet the standard, you pay the full cost.
- If there are pools on both sides and both need work, the cost is shared equally.
- If only one pool owner needs the work, that owner pays the full cost.
If you can't agree
QCAT resolves disputes between adjoining owners about this work. The Queensland Government says that if you can't agree within 1 month after Form 39 is provided, either party may apply to QCAT, and you must apply within 2 months of Form 39 being provided. Starting work without proper notice makes it unauthorised, and the other party may apply to QCAT for an order. Changing the character of the fence significantly needs your neighbour's consent or a QCAT order, and entering their property needs their consent or a QCAT order.
Good to know
- Where no fence exists, the pool fence has to be built from prescribed materials such as wood, chain wire, metal panels, bricks or concrete blocks. Hedges don't count.
- The new barrier should match the existing fence's look, unless that would stop it meeting the standard.
- A boundary building wall can be part of the barrier. Don't alter it without the owner's consent.
- A special purpose fence, such as a dog enclosure, must still stop a child reaching the dog.
This is general information from the sources below, not legal advice. For a dispute, check QCAT's website or get legal advice.
Sources: Queensland Government, dividing fences (opens in a new tab) and QBCC, pool fences (opens in a new tab).
What to do next
- Check the neighbour's side of the fence for climbable rails and objects.
- Talk to your neighbour before you do anything. Keep a note of what you agreed.
- If you need work done, give the right form in good time, then book a licensed inspector.
Check the boundary fence first
The self-check has a question for a shared boundary fence, including what is on the neighbour's side.
Common questions
Can my neighbour's fence be my pool fence?
QBCC says a dividing fence can work as a pool barrier if it is at least 1200 mm high, non-climbable on the outside, and has no climbable items within 300 mm on the inside. A licensed inspector decides whether it does.
Do I have to tell my neighbour before I fix a shared pool fence?
For non-urgent work the Queensland Government says to discuss it with your neighbour, and if they don't agree you must still give Form 39 at least 14 days before starting. For urgent work on a damaged fence, give Form 40.
Who pays for a shared pool fence?
The Queensland Government says the pool laws use a user-pays system: you pay the full cost if you need the work for your own pool fence to meet the standard. If pools are on both sides and both need work, the cost is shared equally.
What if my neighbour won't agree?
QCAT resolves these disputes. If you can't agree within 1 month after Form 39 is provided, either party may apply, and you must apply within 2 months of Form 39 being provided.
Can a hedge be a pool fence?
No. The Queensland Government says hedges and vegetative barriers don't count, because they may give climbing points or not be strong enough.