A popular addition to homes and security complexes, swimming pools provide leisure, enhance a property’s aesthetic appeal, and generally increase re-sale value. The installation and operation of swimming pools is, however, governed by various legal requirements. With summer in full swing, this article helpfully explores the legal framework regulating swimming pools in South Africa.
Access control
To prevent accidental drownings, the National Building Regulations (‘the Regulations’) mandate access control to swimming pools. Under regulation D4, the owner of a property containing a swimming pool must control access to that pool. Crucially, failure to adhere to this requirement is a criminal offence. Per regulation D5, an owner will be deemed to have satisfied the condition of access control if they comply with the minimum requirements delineated in South African National Standard 10400 (‘SANS 10400’), which standardises the safety and accessibility of buildings and is incorporated by reference under the Regulations.
Intended to preclude children and other persons from gaining unauthorised access to swimming pools, SANS 10400 requires property owners to, inter alia, enclose the swimming pool with a fence or wall and ensure that access to the pool is constrained via a self-closing and self-latching gate with a lock mechanism or a building where it forms part of the fence or wall. In addition, the wall or fence must be at least 1.2 metres high – measured from the ground up – and cannot contain an opening permitting the passage of a ball with a diameter of 100 millimetres. Further, the constructional conditions of a steel fence or gate must satisfy the requirements of the applicable SANS.
Supplementing these requirements, SANS 10134, which governs the safety and accessibility of private swimming pools, may be read in conjunction with SANS 10400.
Objectionable discharge
According to regulation P3, no person is permitted to discharge or facilitate the discharge of any water from a swimming pool onto a public street or place, either directly or indirectly, absent written permission from the relevant local authority. As the Regulations make clear, the contravention of this provision is a criminal offence.
Building plan approval
Section 13 of the National Building Regulations and Standards Act (‘the Act’) empowers a building control officer to exempt building owners from the obligation to submit building plans for approval where the construction is in respect of ‘minor building work’. While the Regulations categorise private swimming pools as ‘minor building work’, the regulatory requirements are, however, administered by local authorities. Various municipalities, including the City of Cape Town, have expressly confirmed that property owners who wish to construct swimming pools must submit building plans for municipal approval before they commence with construction. Crucially, obtaining approved building plans is a prerequisite for the issuing of an occupancy certificate, per section 14 of the Act.
As you’re lounging by the pool and soaking up the sun these holidays, consider whether your swimming pool meets all legal requirements.
Need further information or expert legal assistance? Contact us at info@stbb.co.za.
