Pool Safety Inspections: The issue of Neighbouring tree branches and other vegetation
It is always the responsibility of the pool owner (not the neighbour) to ensure their pool fence complies with the pool safety standard.
If the neighbour’s side of the fence does not comply with the pool safety standard, the pool owner must either:
raise the fence to a height of 1800mm or more and ensure a non-climbable zone is located on their side of the fence or
construct a separate complying pool barrier entirely within their own property.
If the branches of a neighbour’s tree or other vegetation overhang the pool owner’s property, the pool owner may be legally able to remove the overhanging parts at their own cost, but the pool owner is not legally entitled to enter the neighbour’s land to do this without the neighbour’s consent. It is important for owners to take care not to damage the tree, other vegetation or the neighbour’s property when removing overhanging tree branches.
It is recommended that pool owners speak to their neighbour first and attempt to reach an agreement, before taking any action regarding overhanging tree branches or other vegetation.
Consideration must also be given to any tree or vegetation protection orders that may exist under a state or local law over the neighbour’s tree, which may prevent the removal of branches or vegetation without permission from the relevant authority.
Further information about vegetation protection orders, overhanging tree branches and other vegetation can be obtained from your local government.
If the tree or vegetation is on public land the relevant authority (e.g. local government) should be contacted. A permit may be required from the relevant authority before removing branches, trees or vegetation on the public land, such as a footpath, park or walkway, that overhang the pool owner’s property.
If you have any issues regarding your pool fence safety compliance please contact us. One of our friendly pool safety inspectors will be happy to answer any questions you may have. We are experts in pool safety compliance and pool fence inspections. Our inspectors are all government licensed and registered pool safety inspectors. Our pool safety inspections are performed to the highest standards and our practical experience with pool safety inspections and pool fence compliance can save you a lot of money when compared to other pool fence inspection company’s that don’t have our building knowledge.