The Hills is the area I know best. It is also one of the hardest places in Sydney to write one set of rules for, because the Shire holds several quite different kinds of property at once.
At one end there are the release areas: Kellyville, North Kellyville, Box Hill, Gables, Bella Vista and around Norwest. New homes, new pools, new glass fencing, and courtyard sized yards where the pool is close to the house and close to the boundary.
At the other end there is Dural, Kenthurst, Annangrove, Glenorie and Maraylya, where a pool sits on acres and the fence question becomes a question about the boundary, the dam, the shed and the driveway.
In between sit the older parts of the Shire: Castle Hill, Baulkham Hills, Winston Hills and West Pennant Hills, where brick homes on generous blocks have pools that were built any time from the 1970s onward.
The Hills at a glance
- The Hills Shire Council administers the Swimming Pools Act 1992 and runs a swimming pool inspection program.
- Suburb blocks and acreage sit in the same council area, so the same rules meet very different fences.
- Suburbs I inspect include Castle Hill, Baulkham Hills, Kellyville, North Kellyville, Bella Vista, Norwest, Rouse Hill, Beaumont Hills, Glenhaven, Dural, Middle Dural, Kenthurst, Annangrove, Box Hill, Gables, West Pennant Hills, Winston Hills and North Rocks.
- Slope decides most inspections here: stepped fence runs, retaining walls and level changes, and gates that stop self-closing once the ground moves.
- Older Castle Hill and Baulkham Hills pools are often assessed against the requirements that applied when they were built, so approval paperwork matters.
What this area does to a pool fence
The single biggest local factor is slope. A Hills block is rarely flat, and a pool fence on a slope has to deal with stepped panels, gaps that open up under a panel, and a gate that stops self-closing once it is asked to hold a heavier swing.
The second is retaining walls and level changes. Council requires steps, retaining walls and level changes to sit 500mm clear of the fence, because anything closer becomes a leg up for a small child. On a cut block, that distance is often the whole problem.
The third is the non-climbable zone. It runs 900mm above and outside the fence, and where a fence has openings wider than 10mm it also runs 300mm inside. Landscaping, decks, garden beds and the clothes line all sit inside that space unless someone has thought about it.
The fourth is ground movement. Fences move as the ground moves, and in the older parts of the Shire I see more bowed panels, dropped gates and gaps under fences than outright construction faults.
Who can issue the certificate here
The Hills Shire Council administers the Act in the Shire, keeps the record of pools, investigates complaints, and has an inspection program. Council adopted that program in 2013.
You are not obliged to use Council. An accredited certifier can inspect the pool and issue the certificate instead, and the certificate is the same document either way. Under the Act, Council must investigate a safety complaint within 72 hours, and pools at tourist or visitor accommodation, and on premises with more than two dwellings, must be inspected at least once every three years.
If you are comparing, the practical differences are turnaround and what happens on the day. Turnaround is covered on the inspections page. On the day, if something does not pass and it is minor, we work out how to put it right there and then.
What I check in the Hills
I start with the history, because in this Shire the history decides which numbers apply. A pool from the 1980s, a pool from a 2015 estate, and a pool that had a fence rebuilt in 2022 can be assessed against three different positions.
Then I walk it as one system. The fence and its height measured from outside. Gaps under and between panels. Gates for self-closing, self-latching and opening away from the pool. The latch release at 1.5m, and the shield where a tubular gate needs one. The 900mm non-climbable zone, inside and out, including landscaping. Steps, retaining walls, air conditioning units, garden beds, pool pumps and anything else a child could use as a step.
Then the boundary, the house doors and windows if they open toward the pool, the warning and CPR sign, legibility from three metres, and the registration record. What the visit covers in full is set out on the inspections page, and the current numbers are explained in the fence rules guide.
If something does not pass
Most of what I find in the Hills is small: a latch that has lost its tension, a gate that has dropped on a hinge, a pot plant inside the non-climbable zone, a section of colourbond that has shifted enough to open a gap. If something does not pass and it is minor, we work out how to put it right there and then.
You leave with your certificate the same day either way. A certificate of compliance if the pool passes, or a certificate of non-compliance if it does not, which sets out exactly what needs attention. Most inspections end with a list of problems. Mine end with a solid understanding of what is required, help right through the process, and the minor issues sorted before I leave site.
Frequently asked questions
Do I have to use The Hills Shire Council for the inspection?
No. You can use Council or an accredited certifier such as me. Either way the certificate is issued off the NSW Swimming Pool Register, and the standard applied is the same.
My pool is on acreage at Dural or Kenthurst. Does the boundary fence count as the barrier?
Where a boundary fence forms part of the barrier, Council measures it at a minimum of 1800mm from inside the pool area, and the non-climbable zone applies on the pool side. On acreage there is often a choice between using the boundary and fencing the pool separately, and it is worth working out which suits the property before you spend.
There is a retaining wall or a set of steps next to my fence. Does that matter?
Yes. Council requires steps, retaining walls and level changes to sit 500mm clear of the barrier, and nothing may intrude into the 900mm non-climbable zone. On a sloping block that is usually the first thing I look at.
The pool is new and the estate pool fence was just built. Is it automatically compliant?
No. A new pool needs approval, and once the relevant occupation certificate is more than three years old a compliance certificate is needed for a sale or lease. Fences also move and settle, so a fence that passed at handover is not a fence that passes now.
My pool is old and I cannot find the approval papers. Is that a problem?
It is common, and it rarely stops me. Older pools are generally judged against the requirements that applied when they were built or last substantially altered, so old papers help, but I can work most of it out on site.
Sources
- The Hills Shire Council, Pool and Spa Regulations
- Swimming Pools Act 1992 (NSW)
- Swimming Pools Regulation 2018 (NSW)
- NSW Swimming Pool Register, owner checklists
- Standard AS 1926.1-2012, Swimming pool safety: Safety barriers for swimming pools
Last reviewed 12/10/2026. Practical information from a registered certifier, not legal advice.