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Fencing of Swimming Pools Act 1987(external link) (Repealed, on 1 January 2017, by section 19 of the Building (Pools) Amendment Act 2016(external link) (2016 No 71)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 Swimming.Poolcompliance@tasman.govt.nz.
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.
Consultation is now open on the Draft Schedule of Fees and Charges 2024/2025. You can read all the proposed changes in this document (pdf 1.6 MB) and give feedback on them via Shape Tasman. Feedback closes 28 April 2024.
Building Consents
All applications for building consent shall be accompanied by a deposit of $2,000.00 or the actual charge whichever is the lesser amount. The balance of any charge will be invoiced along with Resource Management Authority check (where Property Information Memorandum [PIM] not applied for), government and other levies when the consent is ready for issue.
Where charges are listed as a deposit only, actual charges will be invoiced on the basis of $187.00 per hour or part thereof unless advised otherwise.
Note: Council reserves the right to assess individual cases as required. Additional reasonable charges may be requested by virtue of Section 219(2) of the Building Act 2004 if costs incurred exceed the standard charge. Applications that require consultation with New Zealand Fire Service or Heritage New Zealand Puhere Taonga will have costs recovered. Review of engineer design buildings by consultant will be charged as specified below.
A building project greater than $20,000 will also attract Insurance, Quality (QA), BRANZ and MBIE levies. Work cannot commence until the consent is paid for and issued.
|
Building Assurance |
Charge |
Proposed charges from 1 July 2024 incl. GST |
|
Pre-Lodgement Meetings |
|
|
|
First 30 minutes |
Free |
Free |
|
30 minutes or more |
$187.00/hr |
As per hourly rate ($210.00) depending on project |
|
Solid Fuel Heater Application (Inclusive of the Building Consent System Fee) |
|
|
|
Freestanding |
$482.00 |
$560.00 |
|
Inbuilt |
$670.00 |
$770.00 |
|
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 and Alpha One application fee (Specialist input or additional requests for information will be charged additionally per hour or part thereof). |
$1,925.00 |
$2,150.00 |
|
RESIDENTIAL DWELLINGS |
|
|
|
New Dwellings |
|
|
|
Value up to $400,000 |
$4,150.00 |
$4,200.00 |
|
Value - $400,001 to $600,000 |
$4,400.00 |
$4,600.00 |
|
Value - $600,001 to $800,000 |
$5,000.00 |
$5,200.00 |
|
Value - $800,001-$1,000,000 |
$5,900.00 |
$6,300.00 |
|
Value - $1,000,001 or more |
$187.00/hr |
$210.00/hr |
|
Multi-Dwelling Consents (consents for two or more dwellings) |
$187.00/hr |
$210.00/hr |
|
Relocated Dwellings (Not including alterations) |
$2,750.00 |
$2,900.00 |
|
Commercial Building Work Buildings requiring assessment in terms of accessibility, fire safety and those buildings accessible to the public. |
$2,000.00 deposit $187.00/hr |
$2,000.00 deposit |
|
All Other Building Work (excluding commerical) Including amendments and alterations |
$187.00/hr
|
$2,000.00 deposit |
|
Amended Plans |
|
|
|
Formal Amendments are charged per hour. Related additional charges may apply, e.g. AlphaOne fee, PIM rechecking, Additional inspections. |
$350.00 deposit $187.00/hr |
$400.00 deposit |
|
Onsite minor variations |
$187.00/hr |
As per hourly rate depending on project |
|
Associated Building Costs (GST inclusive) |
|
|
|
AlphaOne Application Fee Applies to all consent applications (Building Consents, Amendments, Certificate of Acceptance, Schedule 1(2) Exemptions) that are charged based on time. |
$143.75 |
$165.83 |
|
Project Information Memorandum (PIM) New Construction, additions and alterations, additions/alterations |
$352.00
|
$420.00 |
|
Resource Management Act Check (not applicable if PIM application has previously been made.) Note: further charges may apply if changes other than minor have been made requiring planning re-assessment. |
$352.00 |
$420.00 |
|
PIM/RMA Rechecking fee |
$222.00 |
$210.00 |
|
Insurance Levy |
|
|
|
< $20,000 assessed value |
Nil |
Nil |
|
> $20,000 assessed value |
$1.00/$1,000.00 value of project |
$2.00/ $1,000.00 value of project. |
|
Quality Levy |
|
|
|
< $20,000 assessed value |
Nil |
Nil |
|
> $20,000 assessed value |
$1.50/$1,000.00 value of project |
$3.60/ $1,000.00 value of project |
|
BRANZ Levy |
|
|
|
< $20,000 assessed value |
Nil |
Nil |
|
> $20,000 assessed value |
$1.00/ $1,000.00 value of project |
$1.00/ $1,000.00 value of project |
|
MBIE Levy |
|
|
|
< $20,000 assessed value |
Nil |
Nil |
|
> $20,000 assessed value |
$1.75/$1,000.00 value of project |
$1.75/$1,000.00 value of project |
|
Other fees and charges |
|
|
|
Inspection Fee (Including any additional Inspections and Code Compliance Certificate (per inspection) |
$187.00/hr |
As per hourly rate depending on project |
|
Inspection Cancellation Fee (For cancellations after 2pm the day prior to the day of inspection) |
$187.00/hr
|
$210.00/hr |
|
Certification Charge For historic consents older than 5 years |
$187.00/hr
|
As per hourly rate depending on project |
|
Swimming Pool Audit Fee |
$187.00/hr |
$210.00/hr |
|
Work Start Extension Request or Work Completion Request |
$187.00/hr |
$210.00/hr |
|
Refuse, lapse and withdraw of building consent administration fee |
$187.00 plus $187.00/hr for time spent |
$210.00/hr plus hourly rate depending on project |
|
Certificate of Public Use (CPU) – Section 363A Building Act 2004 Safety Barrier Inspection only Renewal |
$440.00 $187.00 $440.00 |
$450.00
$450.00 |
|
Compliance Schedule New application, whether or not associated with Building Consent |
$500.00 |
$530.00 |
|
Compliance Schedule Amendments |
$300.00 |
$320.00 |
|
Building Warrant of Fitness – Before due date |
$200.00 |
$210.00 |
|
Building Warrant of Fitness – After due date |
$400.00 |
$420.00 |
|
Building Warrant of Fitness (for back flow preventer only) |
$80.00 |
$100.00 |
|
Building Warrant of Fitness Audit Fee |
$187.00/hr |
$240.00/hr |
|
Building Act 2004 Infringement Notice |
Charges depending on the degree of the offence |
Charges depending on the degree of the offence |
|
Notice to fix (NTF) |
|
|
|
Issue and administration where NTF is issued in relation to a building consent |
$200.00 |
$210.00 |
|
Application for Certificate of Acceptance (COA) (Section 97 of the Building Act 2004) Applicants will be charged a $1,000.00 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. |
$1,000.00 deposit $187.00/hr |
$2,000.00 deposit |
|
Building Act Schedule 1(2) Exempted Work $400.00 minimum charge. If staff time (including RMA) spent exceeds this amount additional time will be charged at the hourly rate. (AlphaOne Fee and Levies will apply which is not included in the deposit) |
$400.00 deposit $187.00/hr |
$460.00 non-refundable deposit |
|
Lodgement of unauthorised building reports (pre Building Act only – pre June 1991) |
$143.00
|
$210.00 |
|
Lodgement of Building Act Schedule 1 Exempt work reports with owner’s declarations |
$110.00
|
$210.00 |
|
Building Code Waivers or Modification |
$250.00 |
$260.00 |
|
Section 72, Section 75 (Building Act 2004) decision, plus legal disbursements |
$460.00 deposit |
$500.00 |
|
Section 124 Dangerous and Insanitary and Affected Building Notice (excludes buildings affected by an emergency event) |
$523.00 plus $187.00/hr |
$600.00 plus hourly rate depending on project |
|
Consultancy Specific design peer reviews (unless provided by applicant) |
At cost plus 10% |
At cost plus* 10% |
|
Specialist input When a PS2 design is provided this fee may not be applicable |
At cost plus 10% |
At cost plus* 10% |
|
Building Certificates required under other legislation (e.g. Sale & Supply of Alcohol Act 2012) Plus inspection charge (if required) of $187.00. |
$187.00/hr |
$240.00/hr |
|
Documents requiring Council resolution, certification or Council seal Plus actual cost (over 60 minutes) and any legal disbursements |
$187.00 $187.00/hr |
$210.00/hr $240.00/hr
|
|
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 $187.00/hour. |
|
|
|
To obtain an Engineering assessment s133AI(3)(c) by the Territorial Authority |
At cost plus $187.00/hr |
At cost* plus $240.00/hr |
|
Application for Exemption to carry out Seismic work s133AN(2) |
$440.00 |
$600.00 |
|
Application for an extension of time to complete seismic work for Heritage buildings s133AO(3) |
$440.00 |
$600.00 |
|
Council to erect hoarding or fence for an EQP Building s133AR(1)(a) |
At cost plus $187.00/hr |
At cost* plus $240.00/hr |
|
Territorial Authority may carry out seismic work s133AS |
At cost |
At cost* |
|
Issue of Earthquake Prone Building notice s133AL (5 copies) |
$385.00 |
$415.00 |
|
Replacement earthquake-prone building notice s133AL (up to 4) |
$275.00 |
$120.00 ea |
|
Additional earthquake prone building notice s133AL |
$110.00 ea |
$120.00 ea |
|
Assessment of information related to a Building’s EQP status s133AH and s133AK (deposit plus hourly rate) |
$187.00/hr |
$240.00/hr |
|
Determination Charge (Unless Council is the applicant of the determination) |
$187.00/hr |
$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
