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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Hi Fred, Good question, thanks. I have answered it here in full for you: https://sans10400.org.za/how-close-to-a-boundary-wall-can-you-build-in-a-gated-community-in-south-africa/
Hi, in a gated community where the back yards are quite small how close to the boundary wall can I build legally?
Good day. Do i need plans to build a pool 6m away from both boundary walls.
This is not covered by the NBR or SANS
Good day what is the current legislation on build wing swimming pool close to a power line what are the rules
Hi Grant, This is a difficult one to answer without seeing the site. The best would be to ask whoever you will get to do your plans to do a 1/2 hr prelim site inspection and then advise you. This way you avoid any complications later on that could be costly.
Hi
I want to extend my house, however by doing so, the foundation would be close to the pool by about 1.5m.
What is the safety regulation that I may dig my foundation, in terms of the angle of influence between the wall footings and the depth of the pool?
Its is a 2.4m x 2.4m fibreglass splash pool.
I would like to know if it is viable before even submitting a plan for this type of extension. If the wall footing is too close to the pool, then I may need to consider other options
This issue is not governed by the building regulations. You need to check what the City of Johannesburg’s bylaws state. If the pool has caused the wall to shift, then you have a claim against your neighbour, but you’ll have to take legal steps.
Swing pool to close to the boundary wall – Pretoria
From my estimation the swimming pool is less than 1.5 m from the boundary wall.
My concern is the fact that the boundary wall is leaning towards my side and thus creating a risk. I also had to extend the wall just for some privacy in my own back yard due to the swimming pool so close to the boundary wall and the increase in the ground level on his side. But the wall leaning to my side started long before the extension of the wall.
The wall was build years before the swimming pool was installed, but started leaning after the pool was build. The occupant of the property told me that I have to fix “my” wall.
Is it acceptable building regulation to have a swimming pool close to the boundary wall?
No
Hi,
Do I need to submit plans to build a koi pond, 1,8×2,8m?
Some municipalities insist on fencing – so check with the City to see what they say. I know that they did change the swimming pool regs a few years ago.
Check with the council. I know that the swimming pool regs in Johannesburg changed. I don’t think they can force you to cut down the tree!
There are no specific rules for water features. Only swimming pools require fences, unless there is something in the local bylaws. But I’m not aware of anything. You can find out from the local authority.
Hi
I just want to find out about the safety measures that needs to comply to regarding water features.
We are putting a shallow “pond/water feature ” next to the house front door.What is the safety rules regarding a pond like this in size and depth that we can do with out having to close it up with netting or fences.
This area we are in are Hurlingham, Sandton
Is there a law regulating how close a neighbours swimming pool can be to the boundary wall? I have a tree on my side of the wall. They have a swimming pool about 1.5m away from the wall on their side. They want me to take my tree down saying the roots are cracking the pool wall. Is there something that says they shouldn’t have a pool so close to the wall? I’m sure the pool was there when they bought the house.
We live on a plot, sharing the land with the in laws. My son is 5 now, and has had numerous operations on his ears and has never learnt to swim. He is also on the spectrum and has high functioning autism. My father in law has built a pool himself and flatly REFUSES to put any kind of fencing or netting on the pool. I am frantically trying to find out if this is legal and what I can do. Children, like my boy are drawn to water, have no fear and do not un the consequences ?? is there anyone I can contact directly to force them to make the area safe. I AM DESPERATE, please advise
Thank you for the response.
So am I correct in saying I would need plans drawn up due to the fact that the pool will be closer to the wall then 2m?
It seems from the article this is due to the location of services? We bought our unit off plan, and one of the reasons we chose this location is due to the fact that we know there are no services in this area.
Anyhow, submitting plans it is.
Do you think I could go ahead with construction and submit plans at a later stage?
Hi Darrell, You can read the full story here: jhb-swimming-pools-boundary-lines-plans Just be aware as a owner in a complex there might be rules that you need to adhere to that are unique to your situation, check this first.
Hi there,
My wife and I are looking at getting a splash pool installed, 3m x 2m.
We live in a full title unit within a complex in Honeydew Manor in JHB.
My questions are as follows:
1. Do I need to have plans drawn up and submit to council?
2. If yes for above which department do I contact regarding this?
3. We have a very small area we would like to have the pool installed and the pool would be approximately 450 mm from the boundary wall on the one side and 700 mm from our house on the other side. Would I need special permission ie. relaxation permission?
Thanks for the assistance.
The City of Jhb doesn’t usually require plans for swimming pools any more – I’m not sure about Alberton. Phone them and ask the question.
Byron as far as I know the City of Jhb no longer requires plans for swimming pools. However you do need to let them know that you are planning to build a pool. If, for any reason, they do want plans, they will no doubt tell you.
Good Day
I Live in Alberton ( South of Johannesburg ) I know that I have to have its approval by my Body Corp , but do I need to get someone to draw it on my building plans, also do I require the local council to approve it .
Thank you
Hi, I live in the JHB area. I live in a complex, full title. I would like to build an above ground fiberglass shelled jacuzzi/ spa pool 2mx2m. I have permission from the body corporate. But would I need to submit plans seeing as this is above ground jacuzzi/ spa and will not exceed a meter above the ground.
If you are concerned contact the municipality and ask them to check the plans. The distance from the boundary may not in itself be an issue. However, retaining walls must be built according to approved plans, and adding water pressure will not be factor on the initial plans, unless the pool was included on the plans.