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Fence (Auckland)

#Post
1

My neighbor wants to build a swimming pool in his property. So he wants to raise the fence height ( or replace existing fence with a taller fence) . Existing fence (1.8m high) is about ten yeras old, but in reasonably good condition.

Do I have to share the expenses in raising the height of fence between our property and neighbor's property.?

Is there an restriction in maximum fence height?

Thanks.

1friend1 - 2021-04-16 09:48:00
2

Sharing costs - NO. Fencing Act 9A covers this. If there's an existing adequate fence then the cost is all theirs.

Max Height - talk to the council. Each council has different rules in different rules.

sparkychap - 2021-04-16 10:20:00
3

There’s a story on Stuff today about fencing disputes.

It might be a good idea to take photos of your fence in the event that it’s replaced and you are asked to pay half.

https://i.stuff.co.nz/national/124830885/notoriously-difficu
lt-developer-says-shared-fence-not-good-enough-neighbour-dis
agrees

committed - 2021-04-16 10:55:00
4
committed wrote:

There’s a story on Stuff today about fencing disputes.

It might be a good idea to take photos of your fence in the event that it’s replaced and you are asked to pay half.

https://i.stuff.co.nz/national/124830885/notoriously-difficu
lt-developer-says-shared-fence-not-good-enough-neighbour-dis
agrees

If it's replaced and the OP is asked to pay half, he can tell them to join the Far Queue.,

sparkychap - 2021-04-16 11:01:00
5

it would also pay to check the requirements for a pool fence. i am not sure if height is enough, or if they must also be unable to be climbed.

girlgeorgina - 2021-04-16 11:08:00
6
girlgeorgina wrote:

it would also pay to check the requirements for a pool fence. i am not sure if height is enough, or if they must also be unable to be climbed.

I doubt that OP's neighbour is reading this thread. OP certainly has no need to check the pool fence requirements.

pico42 - 2021-04-16 11:53:00
7
sparkychap wrote:

If it's replaced and the OP is asked to pay half, he can tell them to join the Far Queue.,

I was in that queue for several years due to KPM7. Was a little uncomfortable.

keys - 2021-04-16 12:49:00
8
pico42 wrote:

I doubt that OP's neighbour is reading this thread. OP certainly has no need to check the pool fence requirements.

i am aware of that. more thinking the neighbour might have to leave the existing fence and build a separate pool fence within their boundary.
i was also thinking, the OP would end up with the "nice" side, due to the not able to be climbed bit.

girlgeorgina - 2021-04-16 14:30:00
9
keys wrote:

I was in that queue for several years due to KPM7. Was a little uncomfortable.

Ha ha that name's a blast from the past....!

sparkychap - 2021-04-16 15:42:00
10
sparkychap wrote:

Sharing costs - NO. Fencing Act 9A covers this. If there's an existing adequate fence then the cost is all theirs.

Max Height - talk to the council. Each council has different rules in different rules.

This. Most pool fencing is less than 1.8 metres high.

amasser - 2021-04-16 18:01:00
11
girlgeorgina wrote:

i am aware of that. more thinking the neighbour might have to leave the existing fence and build a separate pool fence within their boundary.
i was also thinking, the OP would end up with the "nice" side, due to the not able to be climbed bit.

It's a good point, girlgeorgina. I did some readiing.

If a fence is used as a pool barrier, it must be over 1.2m and not capable of being climbed. So if the fence had rails that could be used to climb, it might fail as a barrier. Taking it further, the owner of the pool is required to ensure that the neighbour does not put any climbable objects within 1.2m of the fence, including trees!

So a pool next to a fence could cause a nightmare for the neighbour.

sparkychap - 2021-04-16 18:40:00
12

Check with council. As far as I remember, they DO NOT recommend for a boundary fence to be used as a pool fence. Magic number is 1.2m min. 1.2m min fence for in ground pool, no fence required if pool is 1.2m min above ground. Pool fence must be 1.2m min away from boundary fence. If a boundary fence is being used as a pool fence, it mustn't be climbable from your side

Edited by catwoman1974 at 7:12 pm, Sat 17 Apr

catwoman1974 - 2021-04-17 19:06:00
13

we had a pool in Auckl/and a few years ago and if I remember rightly the pool fence was not allowed to be on the boundary, things may have changed
now though

catbrat - 2021-04-18 16:56:00
14

You can use a boundary fence as a pool barrier, if it meets the requirements of the Acceptable Solution:

https://www.aucklandcouncil.govt.nz/building-and-consents/bu
ilding-renovation-projects/install-residential-small-heated-
pool/Pages/other-structures-used-part-of-pool-barrier.aspx

sparkychap - 2021-04-18 17:02:00
15

Thanks everyone for your replies and suggestions.

Is the " nice side" of the fence going to be facing neighbor's property?

1friend1 - 2021-04-21 20:13:00
16
1friend1 wrote:

Thanks everyone for your replies and suggestions.

Is the " nice side" of the fence going to be facing neighbor's property?

Negotiable, if they pay all of the expenses they have stronger leverage but still negotiable..

gamefisher - 2021-04-21 20:50:00
17
1friend1 wrote:

Thanks everyone for your replies and suggestions.

Is the " nice side" of the fence going to be facing neighbor's property?

No because that would make it climbable from your side.

hers.nz - 2021-04-21 22:55:00
18
hers.nz wrote:

No because that would make it climbable from your side.

Correct. Pool I had fence was built like that. But. Previous owner planted yuccas too close to the fence so I had to rip them all out. On the other side a 7 wire fence joined to the wood fence. I had to attach fine mesh over both sides back 1.2m do no one could climb it.

macman26 - 2021-04-21 23:10:00
19

If you or your kids want to be invited over to use the new pool then put on the friendly face, if not then tell them to bugger off.

judiju2 - 2021-04-22 00:09:00
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