Cubby House Rules in Australia: Council Approval, Pool Fences and Setbacks
Most families buy a cubby house, put it up, and never think about regulations again. That is usually fine, because a typical backyard cubby sits well under the thresholds that trigger a permit. The two things that do catch people out are pool barriers and elevated cubbies, and both are much easier to get right before you buy than after the concrete has set.
This page covers what actually determines whether you need approval, the 900mm rule that decides where a cubby can sit near a pool fence, boundary setbacks, and what should go underneath. It is general information to help you ask the right questions, not legal or planning advice. Your council, a registered building surveyor or a licensed pool safety inspector is the authority for your specific property.
Do You Need Council Approval for a Cubby House?
In most cases, no. Cubby houses are usually treated as small non-habitable outbuildings, and every state has an exemption for structures under a certain size. What matters is which side of the threshold yours falls on.
Four things decide it almost everywhere in Australia: floor area, overall height, how far it sits from the boundary, and whether it is forward of the front wall of your house. A ground level cubby in a back corner is very rarely an issue. A large elevated cubby with a raised platform, a roof and a slide is the one worth checking, because height is the measurement that climbs fastest once a cubby is lifted off the ground.
| Where | Typical exemption | Worth knowing |
|---|---|---|
| Victoria | A cubby house is generally exempt from a building permit at 10 square metres or less, 3 metres or less in height, at least 1 metre from the boundary, and no further forward than the front wall of the dwelling. | These are the same thresholds that apply to small sheds and similar Class 10a structures. A planning permit can still apply separately in overlays. |
| New South Wales | Handled as exempt development under the state Exempt and Complying Development Codes. Structures generally need to be non-habitable, under 3 metres in overall height, and set back from boundaries. | Area limits are tied to your lot size, so a small block and a large block get different allowances. Check your specific address. |
| Queensland, SA, WA, TAS, NT, ACT | All have small outbuilding exemptions with similar logic, but the floor area and height numbers differ. | Your council website is the fastest answer. Search their site for exempt building work or minor structures. |
Separately from size, a few property conditions can override the exemption entirely: heritage listings and heritage overlays, bushfire prone areas, flood overlays, easements running under your yard, and registered covenants from the original subdivision. If any of those apply to your block, ask before you buy.
Cubby Houses and Pool Fences: the 900mm Rule
This is the one that fails inspections. If you have a pool, where the cubby sits is not a preference, it is a compliance question, and an elevated cubby near a pool barrier is one of the most common problems inspectors find.
Australian pool barriers have a non-climbable zone, usually described as 900mm. The principle is simple: a young child must not be able to use anything nearby as a step up and over the fence. A cubby house is exactly the kind of object the rule exists for, and a cubby with a veranda, platform or ladder is effectively a purpose built climbing aid if it is in the wrong spot.
The measurement people get wrong
The non-climbable zone is measured from the barrier, not from the water. For a barrier under 1.8 metres high, the zone applies on the outside face, the side away from the pool. Where a boundary fence of 1.8 metres or more forms part of the barrier, the zone is measured on the pool side instead. So the answer to "how far from the pool" is not the useful question. The useful question is "how far from the fence, and on which side".
Anything climbable has to stay clear of that zone, and it is not only play equipment. Pool safety guidance consistently names barbecues, pot plants, outdoor furniture, chairs, ladders and toys. A cubby house is simply the largest and heaviest thing on that list, and the hardest to move once it is up.
Which standard applies depends on where you live. AS 1926.1 is the reference in New South Wales, Victoria, South Australia, Tasmania, Western Australia and the ACT. Queensland works from the Queensland Development Code MP 3.4 alongside a modified version of the standard. A 2024 revision of AS 1926.1 clarified how objects and plants are treated within non-climbable zones, and state adoption of revisions is staggered, so check what currently applies where you are.
The practical version, before you buy: stand where you want the cubby, measure back to the nearest point of the pool barrier, and account for the cubby's full footprint including any veranda, deck or step. If it is close, get a licensed pool safety inspector to look at the spot first. That conversation costs far less than relocating an assembled cubby.
Boundary Setbacks and Neighbours
Setbacks exist for drainage, fire separation and privacy, and the privacy one is what usually generates the phone call.
Around 1 metre from the boundary is a common minimum for exempt structures, though it varies. Beyond the number, an elevated cubby changes sight lines. A platform 1.2 metres off the ground next to a side fence can look straight into a neighbour's living area, which is a reasonable thing to think about even where no rule is being broken. Turning the cubby so the window faces into your own yard usually solves it for free.
Also check what is above and below before you commit to a spot: overhead powerlines and clotheslines, low branches, and any easement or drainage line running under the yard. Anchoring a cubby into a sewer easement is a problem you only discover later.
What Goes Underneath
Ground level cubbies sit on the ground and need very little. The moment a cubby has a raised platform, a ladder or a slide, the surface underneath starts to matter.
The Australian playground standards use a measurement called free height of fall. As a general guide, impact absorbing surfacing is expected once the free height of fall is above 600mm. Below that, on a low cubby with no climbing element, normal ground is generally accepted.
- ✓Grass is not softfallTurf over compacted soil hardens considerably in an Australian summer. It looks soft and does not perform like it.
- ✓Loose fill needs depthSoftfall bark, woodchip or sand is generally maintained at a minimum of 200mm, and it compacts and migrates, so it needs topping up.
- ✓Extend past the structureThe cushioned area needs to reach beyond the equipment itself, and further again at the exit end of any slide.
- ✓Keep the edges clearGarden edging, retaining walls, pavers and rocks are the things children actually land on. Move them, not the cubby.
Those figures come from the standards written for public playgrounds, so they are stricter than anything required in a private backyard. They are still the best available guide to what a fall actually needs, which is why they are worth knowing even when nobody is inspecting your yard.
Anchoring
Anchor it. Cubby houses are light relative to their sail area, and Australian wind does the rest.
A cubby is essentially a box with walls and a roof, which makes it far better at catching wind than a swing set frame. Elevated cubbies add leverage on top of that. Manufacturers supply anchoring instructions or an anchor kit for a reason, and the installation guide for your specific model is the authority on how it should be fixed. Read it before you start rather than at the point you need it.
If you would rather not do any of this yourself, we have assembly options in many areas. Ask us for a quote before you order and we will tell you what is available at your address.
Frequently Asked Questions
Do I need council approval for a cubby house in Australia?
Usually not. Cubby houses are generally treated as small non-habitable outbuildings, and every state exempts structures under a certain floor area and height. In Victoria, for example, a cubby house is generally exempt from a building permit at 10 square metres or less, 3 metres or less in height, at least 1 metre from the boundary, and no further forward than the front wall of the house. Large elevated cubbies, heritage properties, bushfire areas and blocks with easements or covenants are the cases worth checking with your council first.
How far does a cubby house need to be from a pool fence?
Australian pool barriers have a non-climbable zone of 900mm, and anything a child could climb has to stay clear of it. The zone is measured from the barrier rather than from the water, and it applies to the outside face of a barrier under 1.8 metres, or the pool side where a boundary fence of 1.8 metres or more forms part of the barrier. Elevated cubbies are the most common problem because the platform effectively becomes a step. If your spot is anywhere near the barrier, have a licensed pool safety inspector confirm it before you assemble.
How far from the boundary fence does a cubby house have to be?
Around 1 metre is a common minimum for exempt structures, but it varies by state and council. Privacy is worth considering separately from the rule, since a raised platform near a side fence can overlook a neighbour's living space. Facing the cubby's windows into your own yard usually solves that.
What surface should go under a cubby house?
A ground level cubby with no climbing element generally sits fine on grass or a level base. Once there is a raised platform, a ladder or a slide, impact absorbing surfacing becomes worth having, and the playground standards use a free height of fall above 600mm as the trigger. Loose fill such as softfall bark or sand is generally maintained at a minimum depth of 200mm and needs topping up as it compacts.
Does a cubby house need to be anchored?
Yes. A cubby has a large wall and roof area relative to its weight, which makes it good at catching wind, and elevated designs add leverage. Follow the anchoring instructions for your specific model, and check the fixings periodically along with the rest of the structure.
Do these rules apply to plastic cubby houses too?
The pool barrier rules do, because they are about whether something can be climbed rather than what it is made of. A plastic cubby is lighter and easier to move, which makes it simpler to reposition if it turns out to be in a non-climbable zone. Planning exemptions are based on size and height, so most plastic cubbies sit well inside them.
Where to Check for Your Property
The rules above are the general shape of it. These are the people who can answer for your actual address.
- Your local council. Search their website for exempt building work, minor structures or outbuildings. Most councils publish a one page summary.
- A registered building surveyor. The right call if your cubby is large, elevated, or your block has an overlay.
- A licensed pool safety inspector. The only sensible answer to any question involving a pool barrier.
- Kidsafe Australia for child safety guidance on home play equipment.
- SPASA Australia for a plain overview of pool barrier requirements by state.
- Queensland Development Code MP 3.4 if you are in Queensland.
Keep Reading
Once the spot is sorted, these are the questions that usually come next.
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