New pool safety legislation

New pool safety legislation came into effect on 1 January 2017.

The Building (Pools) Amendment Act 2016 came into effect on 1 January 2017. It repealed the Fencing of Swimming Pools Act 1987 and included new pool safety provisions in the Building Act 2004.

Parliament passed the Building (Pools) Amendment Bill on 20 October 2016.

Key changes include:

  • a new requirement for mandatory three-yearly inspections of swimming pools
  • allowing safety covers to be used as barriers for spa pools and hot tubs
  • introducing additional enforcement tools for territorial authorities, including notices to fix.


The Amendment Act creates new Building Code clause F9. Consultation on new Acceptable Solutions for clause F9 closed on 16 December 2016.

Manufacturers and retailers of pool products (spa pools, hot tubs and portable pools) will be required to supply notices with these products. Consultation on the form of the notice closed on 21 October 2016.

MBIE is currently considering the feedback received for the above consultations.

You can read more about restricting access to residential pools on the Building Performance website.

Additional information