Most pool owners assume their fence is compliant.

It was installed years ago.
It passed inspection at the time.
Nothing looks obviously wrong.

The problem is that compliance isn’t a one time event. It’s an ongoing legal responsibility.

And when a fence isn’t compliant, the consequences can be far more serious than most people realise.

Pool fence compliance is your legal responsibility

This is the part that catches people out.

Even if:

• A previous owner installed the fence

• A contractor told you it was compliant

• The fence passed inspection years ago

You are still legally responsible for ensuring it meets current requirements.

If something goes wrong, liability does not shift to the installer or the council.

How fences become non compliant over time

Many non compliant fences start out compliant.

Common reasons fences fail later include:

• Gates that no longer self close

• Latches that wear or drop out of alignment

• Ground movement affecting panel spacing

• New climbable objects added nearby

• Landscaping changes

• Renovations that alter access points

These changes are gradual, which is why people often don’t notice them.

What happens when non compliance is identified

Non compliance is usually discovered during:

• A council inspection

• A compliance certificate check for sale or lease

• A safety audit

• A neighbour complaint

Once identified, action is required.

Possible consequences of a non compliant pool fence

1. Mandatory repairs or upgrades

If a fence fails inspection, you may be required to:

• Repair gates

• Replace hardware

• Modify fence height or spacing

• Replace entire sections

You don’t get to ignore it. Compliance becomes compulsory.

2. Fines and penalties

In many states, councils have the power to issue fines for non compliant pool fencing.

These penalties can be significant and vary by location.

Fines aside, compliance orders usually come with strict timeframes.

3. Delays when selling or leasing your property

This is where many people get caught.

If your pool fence isn’t compliant:

• You may not be able to obtain a compliance certificate

• Property sales can be delayed

• Leasing approvals can be held up

Fixing issues under time pressure often costs more.

4. Increased liability risk

This is the most serious consequence.

If an accident occurs and the fence is found to be non compliant:

• Legal liability increases dramatically

• Insurance claims may be affected

• The situation becomes far more complex

This is not a position any homeowner wants to be in.

Why quick fixes often don’t work

Many people try to patch compliance issues.

Temporary fixes might pass a quick look, but they often:

• Fail proper inspection

• Don’t address root causes

• Create new issues elsewhere

Compliance needs to be built into the system, not taped on.

Glass fencing and compliance issues

Glass fencing systems most commonly fail due to:

• Gate problems

• Incorrect latch heights

• Panel movement

• Improper spacing

• Poor original installation

The glass itself is rarely the issue.

This is why quality installation and hardware matter so much.

How to protect yourself as a pool owner

The safest approach is proactive, not reactive.

That means:

• Regularly checking gate performance

• Ensuring nothing climbable is added nearby

• Addressing small issues early

• Getting professional advice if unsure

A quick check now can prevent a major headache later.

When you should get your fence assessed

It’s smart to have your fence reviewed if:

• You’ve moved into a property with an existing pool

• Your fence is more than a few years old

• You’re planning to sell or lease

• You’ve noticed gate or hardware issues

• Landscaping or renovations have changed the area

Early action is always cheaper and less stressful.

Final thoughts

A non compliant pool fence is not just a technical issue. It’s a legal, financial, and safety risk.

Most compliance problems don’t come from neglect. They come from assumptions.

Assuming the fence is still compliant.
Assuming someone else handled it.
Assuming it’s probably fine.

That’s a risk not worth taking.

Unsure about your pool fence compliance?

Clarity now is far better than surprises later.

A professional assessment can confirm where you stand and what, if anything, needs attention.