Further information can be found on the PlanSA website: www.saplanningportal.sa.gov.au

While council may be able to assist in boundary location issues by reference to council's existing development information, the exact location of boundaries and disputes between neighbours are civil matters which may require residents to seek independent legal advice.

The certificate of title indicates the dimensions of your property, however council cannot provide details of the actual location of the boundaries.

If a resident is seeking to find the exact location of their boundaries, whether it is for development, placing a letter box or due to a dispute regarding fencing, the only way to do this is to enlist the services of a surveyor.

If you are unsure of the exact position of the property boundaries, contact a surveyor. Surveyors can determine the exact boundary location for a fee. A list of surveyors can be found in the Yellow Pages under 'Surveyors - Land'.

Can I build on the boundary?

It is unlikely that you will be able to build on your front boundary or a side or rear boundary that is next to a public road. In these cases the council will require a set back from the boundary to the proposed building. The set back requirements will be different for each location so you should discuss your proposal with a planning officer. The construction of a building on a boundary adjacent to another property is permitted in most circumstances.

If you wish to build a structure (house, garage, etc.) on the boundary of your property, council may be required to notify your neighbour of the proposal as part of the application process.

In general, if notified, the neighbours have the right to comment on a proposal but not the right to appeal against council's decision. It is advised that you discuss your proposal with your neighbour to address any of their possible concerns, prior to your lodging of the application.

In addition you may need to construct the building with particular materials and designs to reduce the possibility of a fire or noise entering your property from next door. Please contact council on 8584 8000 for specific advice.

What do I need to do before I build on the boundary?

The boundary should be surveyed prior to construction to determine the actual boundary line. Note: the position of the current fence should never be assumed to be an accurate boundary line.

The wall of a structure on the boundary line, unlike fences, is not jointly owned. Your neighbour may not alter, paint or attach anything to the wall (such as a trellis, pergola etc.) without first obtaining your consent. Council will not approve an application for the attachment of a building or structure to the wall unless the land titles of both properties are altered to reflect the joint ownership of the section of the structure on the boundary line (commonly referred to as a 'party wall').

Brush fences

Council approval required

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.

Council approval not required

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.

Repairs

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.

Boundary fences

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

Information in relation to the laws and procedures regarding fencing is available to the community. You can obtain a copy 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.

Unresolved disputes

For unresolved disputes, please refer to Community Mediation Service SA.

Swimming pools and spas

Pools and spas are required to be fenced as follows:

• The fence must be at least 1.2m high
• The gate must swing outwards away from the pool/spa and be self-closing and self-latching with the latch at least 1.5m above the ground
• All windows opening into the pool/spa area must be at least 1.2m above floor level or have screens or bars to prevent children accessing the pool/spa.

Safety requirements

From 1 October 2008 if your property contains a swimming pool and you are placing your property up for sale, you will need to ensure that your swimming pool barriers, no matter when the pool was built, are in line with the requirements which apply to pools built on or after July 1993.

From 2 December 2010, the use of child resistant doors as part of a swimming pool safety barrer is no longer permitted.

It is the responsibility of the party selling the property to ensure that the swimming pool safety is in line with the current requirements (refer to AS1926.1) prior to settlement.

Inflatable and portable pools

Some inflatable or portable swimming pools will now require approval from council. Please contact Council on (08) 8584 8000 for information before you purchase or install one of these pools.

Further enquiries

For further enquiries, contact council's development assessment unit or download the Is Your Swimming Pool Kid Safe Brochure from SA Planning. A copy of the brochure can be posted upon request.

Report inadequate fencing

To notify council of a swimming pool or spa without adequate fencing, please contact (08) 8584 8000.

Fish ponds

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 to prevent drowning.

Land division includes:

• the division, subdivision or re-subdivision of land by Torrens Title, Community Title or Strata Title;
• the alteration of the boundaries of land; and
• leasing of a portion of an allotment which is vacant land or which contains a dwelling, and where the term of the lease is greater than 6 years including any right of renewal.

Lodging a Development Application for Land Division

If you wish to divide land, an application must be lodged with the Development Assessment Commission (DAC). To lodge a Development Application for Land division it is recommended that you contact a licensed Land Surveyor for assistance.

Development applications to councils

If the land division proposed relates to houses or units that you intend to build on the land, it is also recommended that you lodge a Development Application for that proposed development with the council prior to, or at least at the same time as, lodging an application for land division with the DAC. An application of this nature relating to the use of land demonstrates that the proposed allotments are of an appropriate size, shape and orientation to cater for their intended use.

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.

Council will require the following:

• A copy of the original application, including information on the nature of the construction.
• A clear diagram, including the relevant dimensions.
• Information on the type of materials to be used.

How to get the Permit Forms

To obtain a permit 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.

Permit forms are available online or from the Loxton or Waikerie offices.

• Download the permit form

Can council provide a quotation to construct/alter the driveway once the permit has been approved?

Council can provide a competitive written quotation for the construction of a new, or alteration to an existing, driveway access. Whilst council approval must be obtained prior to any construction, once approval is given, the resident is free to select a contractor to complete the work.

If you wish for council to provide a written quote, please indicate this using the check box on the permit form. Council staff will inspect the site and provide an indicative quotation, subject to a formal application.

What happens next?

Council staff will inspect the proposed site to confirm the viability of the proposal. If the proposal is approved, the application form will be returned to the resident. If the proposal is not approved, council will contact the resident to discuss council's concerns. Whilst some council's charge for this service, District Council of Loxton Waikerie does not.

Existing driveways

It is the owner's responsibility to maintain or replace their existing driveway if the condition of the driveway deteriorates to a state of disrepair. This also applies to crossovers that have no hard surface treatment, for example gravel or dirt crossover.

Public safety

The property owner must address public safety where necessary. Failure to do so may expose the owner/resident to potential public liability claims.

Please note:

Council may order the property owner to carry out specified work to construct, remove or repair a driveway at the property owner's expense. If the work is not carried out within a reasonable time, council may have the work carried out and recover the cost of the work from the property owner. Fines may also apply.

Building and Swimming Pool Inspection Policy

This policy seeks to improve the standard of construction work within the District Council of Loxton Waikerie by auditing buildings under construction in accordance with the minimum provisions of the Building Rules as defined by the Development Act 1993 and the approved plans.

Click here to view the Building and Swimming Pool Inspection Policy