Backyard Pool Regulations
Tuesday Mar 23rd, 2021
You are only required to have a fence on your property if you have a private swimming pool.
An individual is required to keep the gate of a swimming pool enclosure locked at all times except when the enclosed area is in use. A pool enclosure fence is not required for a hot tub, whirlpool or spa if it has a cover permanently attached to it that can be locked to prevent access when it is not in use.
A pool enclosure fence permit is required on private property. Other types of fences on private property do not require a permit.
You are required to follow the restrictions on fences and fence heights n Toronto Municipal Code Chapter 447 - Fences.
Prior to constructing a pool it is advisable to visit the Toronto Building Customer Counter in your district to apply for a pool enclosure permit.
Toronto Municipal Code Chapter 447 - Fences
Bylaw Definition of a Fence
A barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a yard or other land, or marks or substantially marks the boundary between adjoining land, and includes any hedge or shrub that has the same effect.
The requirements for the height of a fence is dependent on three conditions:
- The type of property (i.e.. single residential, multi-residential or non-residential)
- The location of the fence
- Material of the fence (i.e.. mesh chain-link or other type)
Fences on unroofed decks
Under Toronto Municipal Code Chapter 447, the maximum height allowed for a fence on an attached deck without a roof is 2 metres above the surface of the deck.
Fences cannot be constructed of material not usually used for fence construction and cannot be a conductor of electricity.
Snow fences (447-2)
A snow fence may be used on private property between November 15 and April 15 and shall comply with all corresponding standards in this bylaw.
If you are installing a privacy fence on your own property, you do not have to notify your neighbour. As a courtesy, you may want to contact your neighbour, but it is not a legal requirement. If you are placing the fence on the property line, you should contact your neighbour for their permission.
Property owners are required to maintain all fences or enclosures around or on their property in good repair, in structurally sound condition and free from hazards.
Fence placement & ownership
The City of Toronto does not get involved in the location of fences or fence ownership. Any dispute in this regard is a civil matter.