Development Requirements
Fences
Boundary fences
Fences between neighbouring properties should be located on a property boundary. An existing fence's location does not change:
- the legal boundary
- who legally owns the land
- who owns the fence
Your fence is jointly owned by you and your neighbour - the property owners. Your neighbour could be a private owner, landlord, community organisation or a government department such as SA Housing Trust.
The boundary can only be determined by a licensed surveyor.
Do I need approval to erect a fence?
Development Approval is required for fencing that:
- exceeds 2.1 metres in height;
- exceeds 1 metre in height within 6 metres of the intersection of two boundaries of land where those boundaries both face a road, other than where a 4 metre x 4 metre corner cut-off has already been provided (and is to be preserved);
- is a masonry fence that exceeds 1 metre in height;
- is a safety fence for a swimming pool;
- is a brush fence closer than 3 metres to an existing or proposed Class 1 or 2 building under the Building Code;
- is a retaining wall that exceeds 1 metre in height
Certain other restrictions may apply to the type and design of fencing that is permitted on land which is bound by a Land Management Agreement.
Swimming pools and Spas
All swimming pools and spas lodged under the Planning, Development and Infrastructure Act 2016 require development approval.
The Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019 set out requirements for the construction and inspection of designated safety features for swimming pools.
These Regulations outline the prescribed swimming pool safety features (i.e. fences, barriers, water reticulation systems, secondary outlets from a swimming pool and warning notices) and any prescribed event in the construction and maintenance of swimming pools.
Rules for the inspection of new swimming pools to achieve compliance are outlined on the PlanSA portal.
Land Divisions
If you wish to divide land, an application must be lodged with Council via the PlanSA portal. To lodge a development application for land division, it is recommended that you contact a licensed land surveyor for assistance.
Driveways
Council approval must be obtained prior to the construction of a new, or alteration to an existing, driveway access, i.e. the section of driveway on council property between the property boundary and the kerb. If approved, the cost of any works will be the owner's responsibility.
Residents are required to inform and seek authorisation/approval from council for any new works within the road verge area including establishing a driveway. Once approved, the works are required to be carried out to council's specification.
To obtain a permit (known as a section 221 permit application) for the construction or alteration of a driveway access, a permit application form must be completed by the property owner and the original form submitted to council for approval. No work is to commence on the driveway access until council has approved the permit application.