11.1 Tanks and pools
Storage tanks and pools don't require a building consent if they meet requirements for capacity and height-above-ground. Note: There are separate requirements for restricting access to residential pools.
Amended January 2017: The heading to 23 was amended, as from 1 January 2017, by s18(4) Building (Pools) Amendment Act 2016 by deleting "(excluding swimming pools)". Clause 23 was amended, as from 1 January 2017, by s18(5) Building (Pools) Amendment Act 2016 by deleting "(except a swimming pool as defined in section 2 of the Fencing of Swimming Pools Act 1987)".
Amended 26 November 2024: clause 23 was amended by the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 to confirm that this exemption does not apply to a fence or hoarding that restricts access to a tank or pool.
A building consent is not required for the construction of any tank or pool or its structural support. This is as long as various requirements are met relating to its capacity and height above the ground, as listed in subclauses (a) to (g) of exemption 11.1. This exemption is likely to cover many residential pools, such as an in-ground swimming pool of 7 metres long, 5 metres wide and a metre deep.
Note that this exemption excludes building work in connection with a fence or hoarding restricting access to a residential pool (exemption 21 (section 9.1)).
What is exempt
- A rural property owner wants to install a 20,000 litre pre-cast concrete tank to collect and store rainwater from the house roof. They propose to place the tank directly on the ground in a corner of the front garden.
- A rural homeowner wants to install a 2,000 litre water storage tank supported 2 metres above the supporting ground.
- The owner of a dwelling intends to install a 600 mm deep fishpond in their garden with a capacity of 1,000 litres of water and supported directly by the ground. As the pond is not normally used for swimming, paddling or bathing, it is not a pool and the barrier requirements before 1 January 2017 no longer apply.
What needs consent
- A rural homeowner wants to install a 1,000 litre water storage tank. To improve the water pressure, the owner intends to mount the tank on a steel tank stand. The tank will be supported more than 3 metres above the ground, so a building consent is required.
What the law says
23. Tanks and pools
- Building work in connection with a tank or pool and any structure in support of the tank or pool, including any tank or pool that is part of any other building for which a building consent is required, that:
(a). does not exceed 500 litres capacity and is supported not more than 4 metres above the supporting ground; or
(b). does not exceed 1,000 litres capacity and is supported not more than 3 metres above the supporting ground; or
(c). does not exceed 2,000 litres capacity and is supported not more than 2 metres above the supporting ground; or
(d). does not exceed 4,000 litres capacity and is supported not more than 1 metre above the supporting ground; or
(e). does not exceed 8,000 litres capacity and is supported not more than 0.5 metres above the supporting ground; or
(f). does not exceed 16,000 litres capacity and is supported not more than 0.25 metres above the supporting ground; or
(g). does not exceed 35,000 litres capacity and is supported directly by ground.
2. Subclause (1) does not include a fence or hoarding to restrict access to a tank or pool.