Brookhaven, GA Swimming Pools & Spas: Pool Permits (2026)

Brookhaven Code § 27-705 is the zoning provision for residential pools, and it has three parts. Subsection (a) classifies swimming pools as accessory structures and measures setbacks from the decking or other part of the pool structure nearest the applicable lot line, so the setback clock starts at the edge of the deck, not the water. Subsection (b) is the approval gate: accessory swimming pools can be approved only after receipt of written approval from the board of health. Subsection (c) requires pool heaters and pumps to comply with accessory structure setback requirements, so equipment cannot sit closer to a lot line than the pool.

Because pools are accessory structures, the general accessory rules in § 27-696 apply too. Under § 27-696(e)(1), accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the lot unless the code says otherwise, and § 27-696(a) allows accessory uses only in connection with a lawfully established principal use. Under § 27-696(c), accessory uses can be established only after the principal use is in place.

Construction is also tied to the building codes in Chapter 7. Section 7-23(a) lists the International Swimming Pool and Spa Code among the state minimum standards codes that govern all new construction, installations, repairs or alterations in the city. Under § 27-1223, the community development director can withhold, condition or revoke a permit for work that departs from approved plans or conditions, or that was obtained by false representation, and can order work stopped.