Fence and enclosure regulations

Fences and pool/hot tub enclosures are regulated by the bylaw department. You do not need a permit to build a fence but you do for enclosures of pools or hot tubs. For questions, contact 519-747-8785 or municipalenforcement@waterloo.ca 

On this page

  1. The difference between a fence and an enclosure
  2. Fence building regulations
  3. Pool and hot tub enclosure permit process
  4. Pool and hot tub enclosure guidelines
  5. Submit a permit application
  6. Example drawings

Fence and enclosure rules

Fences are regulated by the fence bylaw.  You do not require a building permit to build a fence on your property if you don't have a pool or hot tub. View the rules to build a fence on your property. 

A pool or hot tub enclosure is a fence or deck surround that contains a pool or hot tub. It is regulated by the pool enclosure bylaw and a permit and inspection are required.

For pools and hot tub enclosures:

  • permit application must be completed and permit issued before work starts
  • before the pool is filled, the permit process must be complete and the enclosure inspected
  • hot tubs and swim spas may use a lockable lid conforming to American Society of Testing Materials (ASTM) Standard F1346-91 (2010); a bylaw permit is still required but there is no fee and no inspection is needed
  • if a hot tub or swim spa does not have a lockable lid then a pool enclosure is required

Fence building regulations

Fences on a corner lot
  • maximum 0.9 m (3 ft.) high in the front yard
  • maximum 1.8 m (6 ft.) high in the flankage yard
  • maximum 2.4 m (8 ft.) high in the rear and interior side yards

Fences on interior lots 
  • maximum 0.9 m (3 ft.) high in the front yard
  • maximum 2.4 m (8 ft.) high in the rear and interior side yards

Shared fence on a property line

'Division' fences between two properties are governed by the Division Fence Bylaw (PDF). It explains the process for cost sharing agreements between owners on either side of the fence.

Common infractions to the fence bylaw
  • be built in the daylight visibility triangle
  • obstruct visibility to drivers or pedestrians
  • encroachment onto city-owned property

Daylight visibility triangle (DLVT)

The daylight visibility triangle (DLVT) and driveway visibility triangle (DVT) assist pedestrians and drivers with while driving around corners and entering/exiting their property.

Guidelines for the DLVT:

  • no fence can be constructed inside this triangle 

Measuring your DLVT:

  • start at the intersection where the front lot line and the flankage lot lines meet
  • measure 3 m (10 ft.) along the front lot line and make a a mark
  • measure 15 m (50 ft.) along front lot line and make a second mark
  • repeat this action along the flankage lot line
  • connect the 3 m (10 ft.) mark along the front lot line with the 15 m (ft.) mark along the flankage lot line
  • repeat this action along the flankage lot line
  • the two triangles formed in the corner of your lot represent the DLVT

Driveway visibility triangle (DVT)

The daylight visibility triangle (DLVT) and driveway visibility triangle (DVT) assist pedestrians and drivers with while driving around corners and entering/exiting their property.

Guidelines for the DVT:

  • no fence over 0.9 m (3 ft.) high can be constructed in this triangle
  • you are required to provide a DVT whether the driveway is on your property or the adjacent  property

Measuring your DVT:

  • start at the front lot line abutting a street
  • measure 2 m (6.56 ft.) starting from your drive across your lot and make a mark
  • measure 2 m  (6.56 ft.) diagonally from the first mark towards your 

Map of the DLVT and the DVT

map of the DLVT and DVT measurement

Applying for an exemption

You can apply for an exemption to the Fence Bylaw through the Committee of Adjustment. 

  1. Apply for a fence variance using the online form
  2. You will need digital copies of a property survey, a site plan with existing buildings, driveways and uses, and details about the size and construction of the fence.
  3. Pay the application fee of $640 at the Development Planning counter on the second floor of City Hall. We accept cash, cheque, money order and debit.
  4. Meetings will be schedule as required, based on the number of applications filed.  

Questions regarding an exemption can be directed to Danielle Ingram at 519-747-8773.

Pool and hot tub enclosure permit application process

  1. Review the guidelines based on the bylaw for your type of pool or hot tub.
  2. Create a drawing showing the planned location of your pool or hot tub and enclosure in relation to buildings and property lines based on your pool or hot tub type. View the example drawings.
  3. Create a cross-sectional drawing of your fence enclosure including materials to be used and all dimensions and measurements that meet the guidelines criteria and include the type of gate and dimensions of the gate to be used. View the example drawings.
  4. Applicants who are not the property owner must obtain written approval from the owner to be included with your application.
  5. Complete our pool enclosure permit application form at the link below and attach all drawings and required documents.
  6. Bring your preferred method of payment to City Hall to complete your application with a paper or digital copy of the confirmation email. Cash, debit, credit card and cheque are accepted.
  7. After your permit is approved and the work completed, but before the pool or hot tub is filled with water, schedule an inspection by contacting 519-747-8785 or municipalenforcement@waterloo.ca.

Fee

The fee is $256.68. There is no permit fee for hot tubs with lockable lids that meet ASTM standards F1346-91.

Pool and hot tub enclosure guidelines

Pool and hot tub location
  • distance from waters edge to enclosure must be a minimum of 3ft
  • distance from waters edge to wall of dwelling must be a minimum of 4ft
  • distance from any steps leading to the pool area must be a minimum of 5ft
  • location of any sheds or structures on property and neighbouring property must be a 2ft minimum distance from enclosure
  • any doors from the interior of a dwelling leading to pool must have a chain or latch bolt lock installed a minimum of 6ft from floor level on the interior of the door
  • drawings must include pool location in relation to the dwelling/property lines and enclosure

Gates
  • made from one of the listed materials and must comply with all enclosure regulations for that material
  • must not be climbable 
  • height must be 5 to 8 feet
  • single swing gate must be self closing and self latching
  • double gate must be a minimum 5ft wide, self closing and self latching with one side having a bolt latch on lower portion that permanently affixes to the ground or other non moveable object
Wood fence
  • height must be 5 to 8ft
  • no horizontal members on the exterior side
  • vertical board gap cannot be more then 1.5 inches unless the distance between the horizontal support boards are greater than 48 inches, then the gap can be up to 4 inches between vertical boards
  • lattices must be 13mm thick and gaps no larger than 1.5 inches, with vertical braces every 12ft
  • horizontal louvres cannot exceed 1 inch when measured at right angles from each surface and must be slopped towards the inside of the enclosure at no less than a 45 degree angle
  • on the drawings clearly show the distance between:
    • horizontal members
    • grade and bottom of fence with a maximum of 2 inches
    • vertical boards, lattices or horizontal louvres
Chain link fence
  • height must be 5 to 8ft
  • link width must be maximum 1.5 inches for a 5ft tall fence, minimum 2 inches for 6 to 8ft tall fence
  • distance between grade and bottom of fence is a maximum of 2 inches
Wrought iron or metal fence
  • height must be 5 to 8ft
  • distance between horizontal members must be minimum of 48 inches
  • vertical members gap cannot be more then 1.5 inches unless the distance between the horizontal support boards are greater than 48 inches, then the gap can be up to 4 inches between vertical boards
  • distance between grade and bottom of fence is a maximum of 2 inches

Above ground pools with guards or decks
  • a guard of no less than 3.3ft measured from the top of the pool or deck
  • combined height of pool/deck wall and guard must be 6 to 8ft
  • constructed in a way that doesn’t facilitate climbing
  • if no deck, then pool wall and guard must meet minimum height of 5ft

Submit an enclosure permit application

  1. Complete the pool enclosure form (PDF).
  2. Print off your application, attach all drawings and required documents and bring it with your preferred method of payment to City Hall to complete your application.

The following attachments need to be submitted with your application:

  • drawing or survey of the pool location and enclosure on the property
  • cross section of the enclosure fence including materials and dimensions and details of the gate type and dimensions
  • written approval of the property owner if the applicant is not the owner

Example drawings

 Pool or hot tub and enclosure location

 Property survey drawing with a pool and enclosure drawn on to it

You may use a survey or hand draw the document as long as it includes all measurements of property lines, fences, building locations and pool or hot tub location.  

 

Pool enclosure cross section diagram

pool fence diagram example

Pool enclosure gate

Pool gate diagram example