Swimming Pools and Fences
Expand the sections below to find out more about requirements of pool owners in the Dubbo Regional Council Local Government Area.
Your Responsibilities as a Pool Owner
People who have a pool are responsible for ensuring the pool safety barriers, such as fencing and gates, are installed, operated and maintained to the Australian Standard.
Owners must also ensure that any gates or doors providing access to the pool area are kept closed at all times.
Pool Registrations and Inspections
All pool owners must have their pool registered on the NSW Swimming Pool Register.
Owners who fail to register their pool may be issued a penalty.
Registering your pool is free.
You can register your pool online at NSW Government's website; view the webpage NSW Swimming Pool Register.
If you have any safety questions, you can view NSW Government's website; view the webpage Pool Inspection Self-Assessment Checklist
Download a CPR resource; ANZCOR Guideline 8 – Cardiopulmonary
Resuscitation (CPR) (PDF 318.8KB)
Dividing and Neighbour Fences
The Dividing Fences Act 1991 outlines the minimum requirements for sharing the cost of dividing fences between neighbouring property owners, as well as the circumstances in which an owner wants to build or repair a dividing fence. It also details the process for resolving disagreements regarding the cost, type, and location of fences. Council has no jurisdiction to intervene or assist with matters relating to Dividing Fences.
According to the Act:
- An adjacent landowner may be responsible for the full cost of repairing a dividing fence that has been damaged or destroyed by negligence or intentional actions of the property owner, or anyone who entered the land with the owner's permission, either explicit or implied.
- Local councils do not have the authority to resolve disputes between neighbours over dividing fences and will not intervene in such matters.
What is a Dividing Fence?
A dividing fence is a structure that separates the properties of adjoining owners. It can include a physical fence, a ditch, an embankment, a hedge or similar plant barrier, a gate, or a watercourse. However, it does not include retaining walls (unless the wall serves as the foundation or support for the dividing fence) or the walls of buildings.
When is Council Approval Needed for a Dividing Fence?
Council approval is required only if the proposed fence does not meet the criteria set out in the State Environmental Planning Policy (Exempt and Complying Development) 2008. In most cases, dividing fences do not require approval from the Council.
When approval is needed, the specific rules regarding fences are outlined in the Council's Development Control Plans.
Who is Responsible for the Cost of a Dividing Fence?
Generally, both owners share the cost of building and maintaining a satisfactory dividing fence equally. However, this does not apply if the fence is part of swimming pool fencing, or if one of the properties is owned by the Council or another government body.
If one owner wants a fence of a higher standard than the agreed-upon satisfactory one, they will bear the full additional cost. For example, if an old timber paling fence needs replacing and one neighbour wants a brick fence instead, they would be responsible for the extra cost of the brick fence, with the other neighbour only paying half of the cost for a timber paling fence, provided both agree to the brick fence.
How to Obtain Contact Details of a Property Owner
Council can provide the contact details of a neighbouring property owner if the request is to serve written notice in line with Section 11 of the Act. This notice must request that the neighbouring owner contribute to the cost of the fence along the shared boundary. To request this information, you must submit a Statutory Declaration explaining the reason for your request, along with a certified copy of your photo ID. You will need to attend a Customer Experience Centre in Dubbo or Wellington to complete a Statutory Declaration under the Dividing Fences Act and have this witnessed by a Justice of the Peace, which our Customer Experience Team can witness for you.
What if the Adjacent Landowner is the Council or Another Government Agency?
According to Section 25 of the Act, the Council is exempt from contributing to the cost of dividing fences along land that is used for public roads, parks, reserves, and most drainage or public garden spaces, as outlined in the Local Government Act 1993.
Disputes Over Dividing Fences
If you and your neighbour cannot reach an agreement, you can apply for a Fencing Order, which is a legal order that specifies what work needs to be done and how the costs should be shared. You can apply to the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) or the Local Court of NSW for this order. Council cannot assist you with fencing disputes as these are Civil Matters and Council does not have jurisdiction.
Who Can Provide Advice on Dividing Fence Disputes?
If you need advice about dividing fence laws or disputes, you can seek guidance from:
Last Edited: 07 Apr 2025