Swimming Pools, Boundary Lines and Plans – JHB
A stunning swimming pool picture above
Would you need to submit plans for a pool like this? See the post below.
Pool by Prim
City of Johannesburg Relaxes Swimming Pools Plan Submissions
The City of Johannesburg’s Planning Department has confirmed that they have relaxed the by-laws relating to swimming pools and plan submissions. These regulations concern the submission of plans – namely when plans are required and when are they not required.
Following up on a query from a reader, Jadie Naicker, we contacted the national office of the NSPI (National Swimming Pool Institute) to find out what they know about the situation. The local Johannesburg manager, Myrtle, said that there were rumours of a relaxation, but that they had put a request to the council in writing for confirmation. By last week they had not had a reply, so she was unable to comment on whether these rumours were true or not.
We contacted the City of Johannesburg Town Planning Department and spoke to one of the building inspectors who confirmed that the swimming pools building by-laws were amended at the end of 2013.
Regulations Vary Depending on Zoning
If your zoning area allows you to build up to three meters from the boundary, then no plans are required, any closer than three meters then you must submit plans.
The regulations vary depending on zoning; the zone that the property is situated in. If the property is in a zone that has a building line restriction of three meters then any pool that is built within this three-meter line will need plans submitted. If the pool does not cross any of these boundary lines then plans will not be required.
Depending on your zone, if you want to build a pool closer than two meters from your boundary, then you will need plans. Pool constructed by Prime Pools, Cape Town
In areas that do not have building lines set, the by-law requires that swimming pools built closer than two meters to the boundary must submit plans.
One of the main reasons for this is that the Town Planning Department must scrutinize the site plans and confirm to the building inspectors that there are not any services such as water supply, sewage or electricity supply amongst others that could be affected.
Pool Safety
Public safety and swimming pools is a National Building Regulation and is applicable whether plans had to be submitted or not. Read more on our page SANS 10400 Part D – Public safety.
By-law Amendments
The City of Johannesburg put forward planned by-law amendments in 2009 to regulate safety around swimming pools in the Johannesburg area. In addition to the National Building Regulations Part-D, extra safety measures were mooted. These include issue of a permit by the Council and the fact that every outdoor swimming pool must be secured with a pool cover or fitted with a floating pool alarm device at all times when the pool is not use. The Council may exempt an owner from compliance with this section if it is satisfied with the efficiency of any other means of protection used.
National Regulations Relating To Pools
Part D4 of the National Building Regulations (“Regulations”) requires that an owner of any site which contains a swimming pool must ensure that access to such swimming pool is controlled. The regulations continue and state clearly that any owner who fails to comply with this requirement shall be guilty of an offence. Additionally, a homeowner can also be sued for negligence should someone drown in their swimming pool, depending on whether negligence was present. A pool that however does not meet the required safety standards or where those measures are not effective can provide the necessary grounds for showing negligence on the part of the owner.
Part D5 of the regulations further states that an owner shall be deemed to have satisfied the necessary control requirements where access to the swimming pool complies with the relevant South African National Standards (“SANS”), as published by the South African Bureau of Standards (SABS).
In terms of SANS 10400-D the following requirements must be met for swimming pools and swimming baths:
- A wall or fence must be provided by the owner of a site that contains a swimming pool or a swimming bath to ensure that no person can have access to such pool or bath from any street or public place or any adjoining site other than through:
- A self-closing and self-latching gate with provision for locking in such wall or fence, or
- A building where such building forms part of such wall or fence.
- A wall or fence shall be provided in any interconnected complex which contains a swimming pool or swimming bath to ensure that no person can have access to such pool or bath from any street or public place or anywhere within the complex other than through a self-closing and self-latching gate with provision for locking in such wall or fence.
- Such wall or fence and any such gate therein shall be not less than 1.2 metres high, measured from the ground level, and shall not contain any opening that will permit the passage of a 100mm diameter ball.
- The constructional requirements of any steel fence or gate must comply with the requirements in SANS 1390.
Extra protection, such as pool covers, pool nets and warning devices can also be used in addition to a fence, with such protective measures having to meet certain SANS compliance standards. Make sure that if you use any of these, you enquire from the supplier whether it is SANS compliant.
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Thanks Janek,
Apologies, I am building in the Joburg area under Joburg Council
This article refers to the City Of Joburg so I was assuming all queries were based on this council. What I need to know is if my relaxation line has been approved and I build my pool within this new boundary line does that apply as the article states above that no plans are required if the pool is within the boundary lines?
Hi Tyrone, You do not say where you live. The only municipality that we are aware of that does not require plans for pools is Johannesburg, but they do need to be informed, in writing of the pool being installed. Any other municipality will need plans.
Boundary lines
The building lines for my Zone are 2 meters from boundary walls but I have already obtained relaxation on my western boundary for my house to 935mm. This is also the best boundary for my pool as I have extensive rock on my stand, so does this mean that if I keep the pool at the same distance from the boundary with approved relaxation of 935mm then I don’t need to submit plans or not?
Sharon there are several issues here. The first is that you have no right to allow your stormwater to drain onto your neighbour’s property. As far as the pool is concerned, you should have had approved plans prior to having the pool built (or whoever had the pool built should have had plans). The fact that it has been standing empty is irrelevant. You need to contact the Tshwane Municipality and find out what they want you to do. You should be able to submit “as built” plans for the pool. You can report your neighbour at the same time! The noise issue is outlined in Part F of SANS 10400, Site Operations. You will see the allowable times if you click the link and scroll down.
Hi
I bought a house in Pretoria in 2001 with a splash pool, now I unfortunately have awfully annoying neighbors, which have been a constant problem for eg… he closes the wall at the bottom when it rains too much cause our water runs into his property (yes I know odd things).
However, I have not been living in the house for the last 6 months, got a another house but renting out this house to one of our staff members and now I get a summons I believe from the city council that I do not have plans for the pool, which by the way has been standing empty for the 6 years as it leaks.
I have not seen the summons yet, will get it this weekend, but what the hell, who do I contact, actually I have no idea what to do. Tried googling for something even not sure what I’m doing 🙂
and secondly, since we are being small minded and annoying now can I report him about his ‘afdakke’ being on my wall and the fact that he runs a garden service from the house and has all his staff members there early in the morning making a noise
I know this is being small minded but I have had enough with the neighbors, I don’t even live there anymore
Any advice would be appreciated
Tx
Mike I suggest you contact the City of Cape Town’s planning department. However, I doubt that it would be a problem to build closer to the wall. It may depend on the zoning for your area. The zoning scheme docs for the City are downloadable here – but I don’t think they talk about swimming pools. The other thing to do is get a couple of quotations from NSPI pool builders and ask them for advice in terms of what is and is not allowed.
Dear Sir / Madam
I live in Kommetjie in Cape Town and at the rear of my property is defence property, which is open space. I have an open space of 5m to the boundary of my property and would like to install a swimming pool 3m wide by 4m in length. Will I be able to install a pool or will there be implications of having to leave 3m to the boundary lines of the property.
Thanking You
In your local bylaws Justin. You will get these from your local authority.
Good morning,
Where will I find the specs on road,driveways dimensions of vehicle entrance ways?
This is not contained in the building regulations Justin. Try contacting the NSPI, they might be able to advise.
Rudi, If you have a problem, why not phone the NSPI – they are members. They should be able to help.
Subject:
Spa facilities
Message:
Good morning ,
I am trying to find the rules that regulate spa facilities inclusive of signage.Can you please direct me.
Subject:
Pool company
Message:
Hi there,
I have got a pool fitted by Natal pools.
The ower Chris has not handed over the eng. certificate and geo certificate.
He has also not shown me on what do do or not to do.
His contact doesnt clearly said he doesnt connect up the eletricity.
He is now avoiding us.
Please can you advise me on what to do.
Hi Mark, Have a look at the page on Public Safety and have a look at the various acceptable ways the swimming pool can be fenced. You do not say which municipality your in-laws live, but some by-laws in some areas do require additional safety measures to be taken. There is a list of municipalities and contact numbers here: municipality-contact
Subject:
Inlaws not wanting to put a pool fence up
Message:
Hi, My wife has left me & gone back to SA, I live in NZ. My worry is my inlaws have a pool, my 20month daughter loves water & my inlaws have told me they dont need to get a pool fence and they have raised 2 kids there before, how do i get hold of council or is this something you could do to get them flagged?
My biggest fear is my daughter drowns