The Building Act 2004 requires all residential swimming pools in New Zealand have a barrier that restricts access to children under five years. This also includes pop-up pools (permanent or temporary) with a depth of 400mm or more.
It is the shared responsibility of the homeowner or occupier and the pool owner to ensure that barriers are installed and maintained to the required standard.
If a new barrier is to be installed, you must get a building consent. You can find out more about the building consent process here
If you'd like some guidance on the type of pool barriers that are suitable, the Ministry of Business, Innovation and Employment has put together an information brochure. Many people find the diagrams starting on page 12 very helpful. You can check it out here: Acceptable solutions for restricting access to residential pools(external link).
Your pool will need to comply with legislation that was in place at the time of installation.
Fencing of Swimming Pools Act 1987(external link) (Repealed, on 1 January 2017, by section 19 of the Building (Pools) Amendment Act 2016(external link) (2016 No 71)
F4 of the NZ Building Code - Safety from falling(external link)
F9 of the NZ Building Code - Restricting access to residential pools(external link)
Above-ground pools are exempt if the walls are 1.2 metres or higher, however any ladder or other means of providing access to the pool must have an enclosing barrier and gate (F9 AS1 2.3.1).
All pools in the district need to be registered on our database. If you don’t believe your pool is registered with us, you can do it here.
If you a pool that was registered with us but you've now removed it, you can use this online form to get the database updated.
Residential pools must be inspected every three years. Pool owners can choose who undertakes the mandatory inspection of their pool – either the territorial authority, or an independently qualified pool inspector (IQPI).
Council Pool inspections are charged at the cost of a general building inspection (refer to fees and charges link below), including additional charge if more than one hour of the inspector's time is taken to achieve compliance.
We'll advise you about a month in advance that we're coming to do the inspection. You can schedule a time if you'd like to be there, or if not, you just need to ensure we can access the pool area.
You can read more about inspections by independently qualified pool inspectors here(external link).
You can search for inspectors available in our region using this database(external link).
In the interests of "no surprises" this the list of requirements our team will be looking for when carrying out a pool audit. You can check it first to see if any changes are needed for your pool to comply with the regulations.
SECTION 1
SECTION 2: COMPLIANCE PATH
Pools are assesed against the Fencing of Swimming Pools Act (FOSPA) or Section F9 of the Building Code
FOSPA Compliance checklist
F9 Compliance checklist
SECTION 3: BUILDING FORMING BARRIER
Windows and Doors Checklist:
SECTION 4: GATES
Gates Checklist:
Are there any non-pool related activities present? Such as planter boxes, playground/exercise equipment, sculptures/ornaments.
If the inspection fails, we'll work with you to get the pool compliant and give you time to address any items.
If we can't resolve it together we can issue a "notice to fix". People who fail to comply with the notice to fix could receive an infringement notice or face prosecution. This is rare, however - we can usually sort out any problems together.
Manufacturers and retailers have obligations where it is a minimum requirement that they must supply pools with a notice on the package. There are specific requirements that the notices must meet, including wording, size and placement. You can get more details here.
We have contacted the main local retailers and reminded them of their obligations. We've also made some suggestions on how to make the notices more visible to customers as we have noticed an increase in these types of pools failing their audits due to owners not being aware of their obligations.
It is important to check for that notice on the pool packaging and follow its guidance. If it is not on there, you can get in touch with us and we'll investigate. Call us on 03 543 8400 or email us at [email protected].
You will need to apply for a Certificate of Acceptance (COA). You can read more about that process here.
Your pool barrier may pass the 3-yearly barrier audit, but it will be noted on your property file that there is no building consent and a COA maybe required. Once the COA is completed we will update the property file to reflect that.
Building Consents
All applications for building consents shall be accompanied by a $2,000.00 deposit, this excludes solid fuel heater applications, where the fixed fee amount will be requested as a deposit. Your deposit is a payment towards costs incurred and additional fees may apply.
Where charges are listed as a deposit only, actual charges will be invoiced at the appropriate hourly rate or part thereof. These projects will receive invoices during the stages of the building consent process. When the building consent has been recommended to grant and an invoice when the Code Compliance Certificate Application is received.
All project information memorandum, building consent, amendment, Schedule 1(2) discretionary exemption and certificate of acceptance applications will incur an application fee.
Additional charges such as a Project Information Memorandum (PIM), Resource Management Check (RMA), Ministry of Business Innovation and Employment (MBIE) Levy, Building Research Association New Zealand (BRANZ) Levy, Quality Levy, Insurance Levy, Section 72 decision, Section 75 decision, Reserve Financial Contributions and Development Contributions may apply, see our full schedule for further details.
Travel fees may apply for Golden Bay Ward and Lakes Murchison Ward, this will be charged at our hourly rate. If boat access is required to access the building site, this will be recovered based on the cost incurred.
By submitting your application, you are agreeing to our terms and conditions:
All Invoices are due to be paid by the 20th of the following month. The Council reserves the right to charge any expenses incurred in the course of recovering outstanding debts, which will be payable by the applicant.
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Building Assurance |
Charges from 1 July 2024 incl. GST |
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Hourly charge out rate for staff |
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Building Support and Residential Building Technical Officers |
$210.00 |
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Commercial Building Technical Officers |
$240.00 |
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Building Leadership Team |
$270.00 |
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Pre-Lodgement Meetings |
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First 30 minutes |
Free |
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30 minutes or more |
As per hourly rate depending on project |
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Solid Fuel Heater Application (Inclusive of the Application Fee) |
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Freestanding |
$560.00 |
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Inbuilt |
$770.00 |
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Minor Works Application For minor building work e.g. kitset/unlined carports, garages, sheds, wastewater only, swimming pools and fences requiring no more than 4 Inspections and includes a PIM/RMA check. (Levies, Application Fee, Specialist input or additional requests for information will be charged additionally per hour or part there of). |
$2,150.00 |
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RESIDENTIAL DWELLINGS |
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New Dwellings |
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Value up to $400,000 |
$4,200.00 |
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Value - $400,001 to $600,000 |
$4,600.00 |
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Value - $600,001 to $800,000 |
$5,200.00 |
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Value - $800,001-$1,000,000 |
$6,300.00 |
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Value - $1,000,001 or more |
$210.00/hr |
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Multi-Dwelling Consents (consents for two or more dwellings) |
$210.00/hr |
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Relocated Dwellings (Not including alterations) |
$2,900.00 |
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All Other Building Work (including commerical) |
$2,000.00 deposit |
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Amended Plans |
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Formal Amendments are charged per hour. Related additional charges may apply, e.g. PIM rechecking, Additional inspections. |
$400.00 non-refundable deposit |
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Onsite minor variations |
As per hourly rate depending on project |
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Associated Building Costs (GST inclusive) |
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Application Fee Applies to all consent applications (Building Consents, Amendments, Certificate of Acceptance, Schedule 1(2) Exemptions). |
$165.83 |
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Project Information Memorandum (PIM) New Construction, additions and alterations, additions/alterations |
$420.00 |
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Resource Management Act Check (RMA) (Not applicable if PIM application has previously been made, see PIM/RMA rechecking fee.) |
$420.00 |
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PIM/RMA Rechecking fee Note: Further charges may apply if changes other than minor have been made requiring planning re-assessment. |
$210.00 |
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Insurance Levy |
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< $20,000 assessed value |
Nil |
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> $20,000 assessed value |
$2.00/ $1,000.00 value of project. |
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Quality Levy |
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< $20,000 assessed value |
Nil |
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> $20,000 assessed value |
$3.60/ $1,000.00 value of project |
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BRANZ Levy |
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< $20,000 assessed value |
Nil |
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> $20,000 assessed value |
$1.00/ $1,000.00 value of project |
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MBIE Levy |
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< $65,000 assessed value |
Nil |
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> $65,000 assessed value |
$1.75/$1,000.00 value of project |
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Other fees and charges |
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Inspection Fee To cover additional Inspections required. (1 hour per inspection) |
As per hourly rate |
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Inspection Cancellation Fee (For cancellations after 2pm the day prior to the day of inspection) |
$210.00/hr |
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Certification Charge For historic consents older than 5 years |
As per hourly rate depending on project |
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Swimming Pool Audit Fee |
$210.00/hr |
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Swimming pool audit conducted by IQPI lodgement |
$210.00/hr |
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Work Start Extension Request or Work Completion Request |
$210.00/hr |
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Refuse, lapse and withdraw of building consent administration fee |
$210.00/hr plus hourly rate |
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Certificate for Public Use |
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Certificate for Public Use (CPU) – Section 363A Building Act 2004 |
$450.00 |
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Renewal |
$450.00 |
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Compliance Schedules |
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New application, whether or not associated with Building Consent |
$530.00 |
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Compliance Schedule Amendments |
$320.00 |
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Building Warrant of Fitness |
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Building Warrant of Fitness – Before due date |
$210.00 |
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Building Warrant of Fitness – After due date |
$420.00 |
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Building Warrant of Fitness (for back flow preventer only) |
$100.00 |
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Building Warrant of Fitness Audit Fee |
$240.00/hr |
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Building Act 2004 Infringement Notice Issue and Administration |
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Building Act 2004 Infringement Notice |
Charges depending on the degree of the offence |
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Notice to fix (NTF) |
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Issue and administration where NTF is issued. |
$210.00 |
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Certificate of Acceptance |
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Application for Certificate of Acceptance (COA) (Section 97 of the Building Act 2004) Applicants will be charged a $1,250.00 application fee, charged per hour for the processing of the application, and any levies that would have been payable had building consent been applied for before carrying out the work. The deposit will be a down-payment towards these costs. |
$2,000.00 deposit |
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Building Act Schedule 1(2) Exempted Work (BC80) |
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Building Act Schedule 1(2) Exempted Work $460.00 minimum charge. If staff time (including RMA) spent exceeds this amount additional time will be charged at the hourly rate. (Application Fee and Levies will apply which is not included in the deposit) |
$460.00 non-refundable deposit |
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Lodgement of unauthorised building reports (pre Building Act only – pre June 1991) |
$210.00 |
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Lodgement of Building Act Schedule 1 (BC74) Exempt work reports with owner’s declarations |
$210.00 |
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Building Code Waivers or Modification |
$260.00 |
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Section 72, Section 75 (Building Act 2004) decision, plus legal disbursements |
$500.00 deposit |
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Section 124 Dangerous and Insanitary and Affected Building Notice |
$600.00 plus hourly rate |
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Consultancy Specific design peer reviews |
At cost plus* 10% |
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Specialist input When a PS2 design is provided this fee may not be applicable |
At cost plus* 10% |
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Building Certificates required under other legislation (e.g. Sale & Supply of Alcohol Act 2012) Plus inspection charge (if required) of $187.00. |
$240.00/hr |
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Documents requiring Council resolution, certification or Council seal Plus actual cost (over 60 minutes) and any legal disbursements |
$210.00/hr
$240.00/hr
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Earthquake Prone Building Application fees for exemptions or extensions of time are to be paid at the time of lodgement. Additional fees may be incurred for assessment of information or other requirements and will be charged at an hourly rate of $240.00/hour. |
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To obtain an Engineering assessment s133AI(3)(c) by the Territorial Authority |
At cost* plus $240.00/hr |
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Application for Exemption to carry out Seismic work s133AN(2) |
$600.00 |
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Application for an extension of time to complete seismic work for Heritage buildings s133AO(3) |
$600.00 |
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Council to erect hoarding or fence for an EQP Building s133AR(1)(a) |
At cost* plus $240.00/hr |
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Territorial Authority may carry out seismic work s133AS |
At cost* |
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Issue of Earthquake Prone Building notice s133AL (5 copies) |
$415.00 |
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Additional or replacement earthquake-prone building notice s133AL (up to 4) |
$120.00 ea |
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Earthquake prone building site visit (to confirm EQB notices are displayed or other reasons) |
$240.00/hr |
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Assessment of information related to a Building’s EQP status s133AH and s133AK (deposit plus hourly rate) |
$240.00/hr |
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Dam Safety regulations |
To be determined |
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Disputes and Investigations |
$270.00/hr |
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Determination Charge (Unless Council is the applicant of the determination) |
$270.00/hr |
*At cost refers to work outsourced to a suitably qualified person(s), and the additional hourly charge-out rate is to cover internal costs.
Related links
