Building Act 1975

This section applies if all or part of a dividing fence forming part of a pool barrier is damaged or destroyed and, in the circumstances, urgent fencing work is required.

If it is impracticable to give a notice under section 245XM, an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.

Note—Contribution from an owner to the cost of the urgent fencing work may be obtained after giving a notice to the owner under section 245XN.

The cause of the damage or destruction does not affect the operation of this section.

However, if the dividing fence is damaged or destroyed in a way that renders a regulated pool, that uses the fence to form part of its pool barrier, noncompliant with the pool safety standard—

urgent fencing work is taken to be required; and

it is taken to be impracticable to give notice under section 245XM.