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The laws regarding fences have been established by the State Government.
Council has no role in their interpretation or enforcement beyond ensuring that where the fence is defined as development by the Development Act and Regulations, they meet some specific technical requirements.
Council's powers extend to fencing around pools and spas and the height of boundary fencing (see below).
Information in relation to the laws and procedures regarding fencing is available to the community. Council has copies of the free booklet Fences and the Law produced by the Legal Services Commission of South Australia.
This booklet answers frequently asked questions about dividing fences and explains the legal procedure to be followed when someone wants to erect, replace or repair a boundary fence. In addition it also contains blank notice forms and referrals to mediation services and community legal services which may be able to assist you further.
Copies are available from Council or you may wish to download the Fences and the Law Booklet from the Legal Services Commission's website current publications page.
For unresolved disputes, please refer to:
Community Mediation Service
Southern Metro Area
40 Beach Road, Christies Beach, SA
Phone: 8384 5222
Any new swimming pool or spa pool capable of being filled to a height 300mm of water or more requires development approval from Council and will require a pool fence.
Existing swimming pools and spas must be fenced in accordance with the requirements that were in force at the time they were approved.
Some inflatable or portable swimming pools may also require approval from Council and will require a swimming pool safety fence. Please contact Development and Regulatory Services on (08) 8375 6685 for information before you purchase or install one of these pools.
Please refer to the Swimming Pools and Spa Brochure on our Development Information Guides for details on lodging an application, assessment criteria and swimming pool safety fencing requirements, and/or download the Is your swimming pool kid safe brochure on the South Australian Government website.
If you are placing your property up for sale and it contains a swimming pool, you will need to ensure that your swimming safety barriers are adequate prior to settlement of the property. This may require upgrades to your swimming pool safety barrier. The level of upgrades required depend on when your pool was approved.
For example, swimming pools approved prior to 1 July 1993 must be upgraded to meet current fencing standards. Other pools may only need to meet the standards that were in force when they were approved. To find out when your swimming pool was approved please contact Council.
To notify Council of a swimming pool or spa without adequate fencing, please contact 8375 6685.
Brush fencing installed within 3 metres from an existing or proposed dwelling requires Council approval.
In this case, other measures may be required to prevent fire transferring from the fence to the dwelling if such an unfortunate event was to occur.
A brush fence or gate predominantly consisting of Broombrush (ie Melaleuca Unicnata) or similar forms of material installed at least 3 metres from an existing or proposed dwelling, does not require Council approval.
The repairing of an existing brush fence or gate that does not enlarge the brush fence or gate does not require Council approval.
If the repair work includes enlarging or altering the fence in any way within 3 metres of a dwelling it then requires Council approval.
A development application must be lodged with and approved by Council before construction can commence.
There is no requirement to fence a fish pond, however it is recommended that you place solid mesh or similar type of material either on the surface of the pond, or to a depth of 300mm from the water level of the pond.
If the reserve is less than one hectare in area, Council will pay half the cost of a fence which is standard for the local area. Contact Council's coordinator of open spaces to verify the size of any Council reserve.
Council will require a request in writing, accompanied by a minimum of two fencing quotes. This correspondence should be addressed to:
Coordinator Open Spaces
Phone: 8375 6600
Fax: 8375 6699
Post: City of Marion, PO Box 21, Oaklands Park SA 5046
Please include a daytime telephone contact number, if possible.
The coordinator will consider the request and contact the resident, either by telephone or letter.
As walkways are classified as public thoroughfares, Council is not required to share the cost of any fencing.