Once a swimming pool is removed, the obligation to maintain a compliant pool barrier ceases, there is no pool to fence. However, you shouldn’t simply start pulling down the pool fence the moment the excavator leaves. The correct sequence is: complete the pool removal, obtain the relevant sign-off from council (or deregister from the NSW Swimming Pools Register), and then remove the fence. The timing matters for practical and regulatory reasons.
What NSW Law Says About Pool Fencing Obligations
Under the Swimming Pools Act 1992 (NSW), the obligation to maintain a compliant pool barrier applies to “swimming pools”, defined as excavations or structures capable of being filled with water to a depth of 300mm or more, used or intended for swimming, wading, paddling, or bathing.
Once a pool is filled, demolished, or otherwise rendered incapable of holding water, it no longer meets this definition. The pool barrier obligations therefore cease automatically when the pool is no longer capable of holding water.
However, the obligation doesn’t cease by declaration, it ceases because the factual basis for it (a pool that can hold water) has been eliminated. Until that condition is met, the obligation remains.
The Sequence: What to Do Before Removing the Fence
The recommended sequence after pool removal is:
- Complete the physical pool removal or fill-in: The pool must be fully removed or rendered incapable of holding water
- Obtain council sign-off or completion documentation: Council may inspect the site or require a completion certificate from your contractor
- Deregister from the NSW Swimming Pools Register: Submit the removal notification via the NSW Swimming Pools Register portal (see our deregistration guide)
- Receive confirmation of deregistration: The register update confirms the pool no longer exists for regulatory purposes
- Remove the pool fence: Now that the pool is gone and deregistered, the barrier obligation is ended
Steps 3 and 4 can take a few days to a couple of weeks. During this period, it’s prudent to keep the fence in place, not because you’re legally required to, but because the process isn’t fully complete and demonstrating compliance with the process is good practice.
Can You Remove the Fence Before Deregistration?
Technically, once the pool genuinely cannot hold water (it’s been filled or removed), the fencing obligation has ended. You’re not required to wait for deregistration paperwork before physically removing the fence. However:
- If a council inspector visits the site before deregistration is processed, seeing the fence removed may create confusion or unnecessary queries
- Maintaining the fence during the brief transition period costs you nothing
- The fence itself may be valuable (Colorbond or glass pool fencing has resale value), removing it carefully and in a planned way is better than rushing
The practical recommendation: wait until deregistration is confirmed, then remove the fence on your schedule.
What to Do With the Pool Fence
Pool fencing ranges from low-value (basic tubular steel) to high-value (frameless glass panels, quality Colorbond). Before removal, assess what you have:
| Fence Type | Resale Potential | What to Do |
|---|---|---|
| Frameless or semi-frameless glass panels | High ($200 to $500/panel) | List on Facebook Marketplace, disassemble carefully |
| Colorbond pool fencing (good condition) | Moderate ($50 to $150/panel) | Can often be reused in property or sold |
| Aluminium tubular pool fence | Low-Moderate | Scrap metal or sell as a lot |
| Mesh safety fence | Low | Generally waste |
| Timber pool fence | Low (unless heritage quality) | Firewood, skip, or waste |
Frameless glass pool fencing panels from the Hunter region sell regularly on Facebook Marketplace, buyers include pool builders installing new pools, homeowners adding new enclosures, and people repurposing glass panels for other applications. Good-quality panels can fetch $150 to $400 each, and a set of 10-15 panels can represent $2,000 to $5,000 of recovered value.
The Dividing Fence Issue
Where the pool fence is also the dividing fence between your property and a neighbour’s, the situation is more complex. You cannot simply remove a shared dividing fence without your neighbour’s consent or the appropriate process under the Dividing Fences Act 1991 (NSW).
See our guide on managing the shared fence during pool removal for the specific rules around dividing fences in pool removal contexts.
If the pool fence is a standalone internal structure (separate from the boundary fence), it can be removed entirely at your discretion once the pool is gone.
What About the Pool Gate and Latch?
Pool gates with self-closing latches are part of the pool barrier. Once the obligation ends, these are simply hardware on a gate and can be retained or removed as you see fit. Self-closing gate mechanisms in good condition can sometimes be sold to pool fencing companies as replacement parts.
Impact on Backyard Design
Removing the pool fence often opens up the backyard significantly, pool fences frequently divide the yard into a pool zone and a non-pool zone in ways that limit flow and use. Removing the fence after pool removal can transform the spatial feel of the backyard.
This is a good opportunity to rethink the layout of the space. See our backyard design ideas after pool removal guide for creative approaches to the space.
When the Fence Should Stay (Partial Fill-In)
If you’ve done a partial pool fill-in rather than a full removal, the situation is different. In a partial fill-in:
- The pool shell remains in the ground
- The void is filled, but the pool is not physically removed
- The filled pool no longer holds water
If the partial fill-in genuinely renders the pool incapable of holding water and this is confirmed by the certifier or council, the pool barrier obligation ends. However, this depends on the quality and permanence of the fill. A partial fill-in that leaves any possibility of the fill material collapsing back into a water-holding void may not satisfy the regulatory test.
Discuss with your council or certifier whether your specific partial fill-in approach meets the standard required to end the fencing obligation. If there’s any doubt, keeping the barrier in place is the safer approach.
Practical Tips for Fence Removal
Before removing:
- Photograph the fence and gate in its installed condition (for your records)
- Check whether any fence sections are shared with the boundary (dividing fence rules apply)
- Arrange a buyer for glass panels if applicable
- Confirm deregistration is processed
During removal:
- Disassemble frameless glass panels carefully, one person per panel, gentle release of clamps, stack panels flat with padding between
- Tubular aluminium or steel sections can be unbolted and stacked for disposal or scrap
- Gate hardware (hinges, latches, closers) may have resale value in bulk
After removal:
- The fence post holes and footings may remain in the ground, these can be filled and compacted as part of the broader backyard reinstatement
- If glass fence spigots (bases) are cemented into the paving, they may need grinding flush or the paving may need to be replaced around the former locations
Frequently Asked Questions
Does my pool fencing obligation end automatically when the pool is removed? Yes, the Swimming Pools Act obligation applies to pools that can hold water. Once the pool is removed or filled to a standard that prevents water retention, the legal basis for the fencing requirement ends. There’s no formal application needed to end the obligation, though deregistration from the NSW Swimming Pools Register confirms the change.
Can I sell my pool fence before the pool is removed? No, the fence must remain in place and compliant while the pool exists. Selling the fence before removal would leave the pool without its required barrier, which is a compliance breach. Arrange buyers for glass panels or other fencing components, but don’t allow them to collect until after the pool is removed and signed off.
What if my pool fence is in poor condition, do I need to upgrade it before removal? No. If the pool is being removed, there is no value in upgrading the fence for the short period before removal. The compliance obligation ends when the pool is gone. The only exception: if you’re selling the property with the pool still in place before the removal, you need compliant fencing (or use the buyer-disclosure mechanism) at the point of sale.
Do I need to notify council when I take down the pool fence? No formal notification to council is required specifically for fence removal. The relevant notification is the pool deregistration from the NSW Swimming Pools Register, which informs council that the pool is gone. Once that’s processed, the fence is simply private property to dispose of as you choose.
My pool fence also forms part of a retaining wall. Can I remove it? Carefully. If the fence structure incorporates a retaining element, removing the fence could undermine the retaining function. Assess this with your contractor before removal, you may need to install a replacement retaining structure before the fence/retaining combination is demolished. See our retaining wall after pool removal guide.
Removed your pool and now thinking about the fence and the space? Contact Hunter Pool Removals for guidance on the full process, or for a free quote if you’re still in the planning stage.