As the owner of a pool or spa, it's your responsibility to meet state government registration and safety regulations.
From 1 December 2019 new Victorian laws to improve swimming pool and spa safety came into effect. These regulations include:
- mandatory registration for all owners of private swimming pools and spas
- mandatory safety barrier inspections and compliance certification every four years.
Visit the Victorian Building Authority to learn more about these regulations and why they have been introduced.
You have an existing pool or spa
- Ensure your pool or spa is registered with us.
- Receive a certificate of registration from us.
- Organise a registered pool inspector to conduct a compliance inspection to obtain a certificate of pool and spa barrier compliance (form 23).
- Lodge the certificate of pool and spa barrier compliance by the due date stated on the certificate of registration.
You are installing a new pool or spa
- Review the information on this web page for information in relation to building permits needed.
- Find a relevant building surveyor and obtain a building permit.
- Construct and organise inspections in accordance with the issued building permit and obtain a certificate of final inspection and certificate of pool and spa barrier compliance (form 23).
- Register and lodge the certificate of pool and spa barrier compliance (form 23) within 30 days of receiving the certificate of final inspection.
To learn more about the new regulations and why they have been introduced visit the Victorian Building Authority.
Pool and spa owners must have barriers inspected and a certificate of compliance issued every four years.
The deadline for submitting the first certificate of compliance to us depends on what year the pool or spa was installed.
In light of the COVID-19 restrictions, the Victorian Government has extended the deadlines for compliance certificates.
| Pool or spa construction date |
Deadline for inspection and certificate of compliance |
| Before 30 June 1994 |
By 1 June 2022 |
| Between 1 July 1994 and 1 May 2010 |
By 1 June 2023 |
| After 1 May 2010 |
By 1 June 2024
|
| On or after 1 November 2020 |
At the time of applying for registration |
Swimming pool or spa owners must:
- obtain a building permit for the construction or installation of a swimming pool and/or spa
- register their swimming pool and/or spa with us
- organise an inspection of their safety barrier by a registered swimming pool inspector
- ensure they are maintaining their safety barriers in accordance with the Building Regulations 2018
- submit a certificate of pool and spa barrier compliance (form 23) with us by due date.
The Victorian Building Regulations require that any swimming pool or spa capable of containing a depth of 300mm or more of water must have compliant safety barriers. It is the owner’s responsibility to ensure that compliant safety barriers are in place.
A building permit must be obtained prior to construction of a swimming pool, spa and for their associated safety barriers.
During pool and spa construction
Under the building permit, it's common for temporary fencing to be used during construction to allow completion of the pool. Ensure you read the contract and discuss the details with your builder to understand what's included and what isn’t.
The design and location of permanent fencing should be finalised during the design stage and before obtaining a building permit. Engage a registered building practitioner to advise on compliance issues for your barrier design.
Temporary fencing for pools and spas
Temporary fencing is not acceptable as an ongoing or long-term barrier system for swimming pools and spas.
Compliant and permanent safety barriers must be completed within six months of pool or spa construction commencing.
Before filling your pool for the first time you must have a compliant safety barrier in place. It must be inspected and approved by the relevant building surveyor.
Pool, spa and barrier compliance
Your building surveyor will need detailed documentation relating to the pool or spa structure. This must include fencing details showing how it will comply in accordance with the Australian Standard and the Building Regulations.
Your building surveyor will issue you with a certificate of final inspection as evidence that the pool or spa and associated safety barriers comply with the building permit documentation and applicable barrier standard.
Pool, spa and barrier maintenance
Once completed and approved, maintenance of the pool and safety barriers is the property owner’s responsibility. You must maintain safety barriers in compliant working order at all times.
Once pool safety barriers have been installed in compliance with Australian Standard AS 1926.1, property owners with swimming pools must be aware of their obligations.
Under Part 9 Division 2 of the Building Regulations 2018, pool owners must ensure the swimming pool safety barriers are maintained to restrict access.
Buying or selling a home with a pool or spa
If you own or are purchasing a home with a swimming pool or spa and don’t know if the fence or barrier complies, contact a private building surveyor or inspector to arrange an inspection.
Children under five years are at highest risk for both fatal and non-fatal drownings. Swimming pools have the largest number of non-fatal drownings. Non-fatal drownings can result in mild to severe brain or other organ damage due to lack of oxygen.
Between June 2007 and July 2018, 14 children aged under five years have died and 37 children have had non-fatal injuries from home swimming pools in Victoria. (source: Department of Justice)
To protect young children, active supervision in and around swimming pools and spas is required at all times.
Register a newly constructed pool or spa and lodge the certificate of pool and spa barrier compliance (form 23)
You must register a newly constructed swimming pool or spa within 30 days of receiving the occupancy permit or certificate of final inspection from your building surveyor.
To do so, you must register and submit a copy of the certificate of pool and spa barrier compliance (form 23) to Council.
The certificate of pool and spa barrier compliance will be issued with the occupancy permit or certificate of final inspection at the conclusion of the building permit.
Fees
| Items |
Fees |
| Registration of pool and/or spa |
$35.15 |
| Lodgement of certificate of pool and spa barrier compliance (form 23) |
$22.55 |
Register your new pool or spa and lodge form 23
Register a permanent swimming pool and/or spa completed before 1 November 2020
You must register all permanent swimming pools and spas constructed and completed before 1 November 2020.
If you have a swimming pool and spa within two separate barriers, two registration submissions are needed.
A registration fee of $35.15 applies when registering your pool or spa with Council.
If you can't provide copies of any relevant building permit or other information or documentation to provide evidence of when the swimming pool or spa was built, an information search fee of $52.20 will apply.
This fee enables us to conduct the appropriate searches to determine the date of construction of your pool or spa and any associated building permits. This allows us to determine the applicable barrier standard.
The information search fee only applies to pools or spas constructed before 1 November 2020.
Register a pool and/or spa completed before 1 November 2020
Lodge certificate of pool and spa barrier compliance (form 23)
Under the current requirement in Regulation 147V(2), a certificate of pool and spa barrier compliance cannot be lodged more than 30 days after the date on the certificate.
If the certificate is more than 30 days old the owner must obtain a new certificate for lodgement.
A fee of $22.55 applies when lodging the certificate.
If you are lodging a form 23 for a newly constructed swimming pool and/or spa, please follow the process outlined in the relevant section above.
Lodge form 23
Lodge certificate of pool and spa barrier non-compliance (form 24)
If your pool and/or spa barrier has been found not to comply with standards, your swimming pool inspector must lodge a certificate of pool and spa barrier non-compliance (form 24).
In accordance with Regulation 147ZI, this certificate must be lodged with us as soon as possible after being issued.
Once lodged, we'll give a notice in writing to the land owner that they must pay a fee (26 fee units) associated with the lodgement of the Form 24.
Lodge a Certificate of Pool and Spa Barrier Non-Compliance (form 24)
Register a relocatable swimming pool
Under the current state pool regulations, different types of relocatable pools have different requirements with regards to safety barriers, building permits and pool registration.
The table below explains different classifications and requirements for relocatable pools.
| Type of relocatable swimming pool |
Days erected |
Steps to be taken by owner |
|
Relocatable pool that meets all of the following:
- Only needs air to be erected (inflatable).
- Does not have multiple components (for example pump, frame, ladder).
- Is not capable of holding water to a depth greater than 30 cm.
|
No time frame. |
No safety barrier or registration required. |
Relocatable pool which meets either or both of the following:
- Has multiple components (for example - pump, frame, ladder).
- Can hold water to a depth greater than 30cm.
|
Less than three days in a row. |
You must install a compliant safety barrier that complies with the current standard A519261-2012.
Visit the swimming pools section of the Victorian Building Association website to find out about the barrier standard requirements that apply.
|
Relocatable pool which meets either or both of the following:
- Has multiple components (for example - pump, frame, ladder).
- Can hold water to a depth greater than 30 cm.
|
Three or more days in a row. |
You must:
- obtain a building permit to install a safety barrier around a relocatable swimming pool that complies with the current standard AS1926.1-2012
- register your relocatable pool with Council and lodge the certificate of pool and spa barrier compliance (form 23) within 30 days from the date of the certificate of final inspection
- not fill or use the pool until a certificate of final inspection (form 23) has been issued.
|
Relocatable pool fees
| Action |
Fee |
| Registration of relocatable pool |
$35.15 |
| Lodgement of certificate of pool and spa barrier compliance |
$22.55 |
Register a relocatable swimming pool
Where owners don't, or can't, remove an existing swimming pool or spa from a property, it must be permanently decommissioned. This must satisfy the requirement of Council and be done in accordance with Victorian Building Authority (VBA) guidelines.
To determining if a swimming pool or spa has been decommissioned it must:
- be incapable of holding water and not operational
- no longer be used for swimming, wading or similar
- have the pool liner, access ladder and filtration system (as applicable) removed
- have two or more holes of at least 500mm x 500mm cut into the pool’s deep end (or as determined by an engineer taking site conditions into account).
Consideration can also be given to cutting down the side walls.
Unused pool excavations should have appropriate fill material compacted in layers.
When considering removing a swimming pool, owners must advise Council on the method. This is because a building permit to demolish may be required, particularly for inground swimming pools.
Consideration must be given to the boundary setback and whether it will have an adverse effect on the adjoining property.
The excavation will need to be filled with appropriate soil for the site and compacted in layers with a maximum depth of 300mm (or as determined by an engineer taking site conditions into account).
Decommissioning of swimming pools that remain in place can create problems for future construction and development on the site.
Recommissioning a pool or spa
If you own a decommissioned permanent pool and wish to use it, you must apply for a building permit to recommission the pool and install the required safety barrier and filtration system.
Please complete the online form if your pool and/or spa has been removed/decommissioned.
Submit a removed or decommissioned pool or spa
Do I need a building permit?
You need a building permit to build or alter:
- all inground and above-ground pools capable of holding water greater than 300mm deep
- spas
- associated pool or spa safety barriers.
Your building permit documentation must include:
- a site plan showing location of swimming pool or spa, barriers and any existing buildings on site
- the type and location of the safety barriers, including fences, gates, doors, windows, latches, catches, self-closing devices and mesh screens
- water reticulation and filtration equipment (manufacturer's specifications).
From 1 May 2010 access to outdoor pools directly from a building or adjoining property are not permitted.
Once a building permit is issued, safety barriers must be completed within six months of building work commencing on the swimming pool or spa.
Learn more about swimming pool and spa safety regulations
What is the inspection and compliance process?
Once your swimming pool and/or spa is registered with us, we'll send you a certificate with further information relating to the barrier standard and the due date of the compliance certificate.
You'll then need to arrange an inspection by a registered private building surveyor or building inspector.
Once they've completed the inspection and confirmed that your pool/spa safety barrier meets the regulations, they'll provide a certificate of pool and spa barrier compliance, which will need to be lodged to us.
A fee of $22.55 applies when lodging the certificate.
The certificate of pool and spa barrier compliance can’t be lodged more than 30 days after the date on the certificate.
Read more, including FAQs covering the registration process and how to find a registered inspector, on the Victorian Building Authority's website.
When do I need to lodge the certificate of compliance?
The deadline for lodging your first certificate of pool and spa barrier compliance depends on when your pool or spa was built.
| Pool or spa construction date |
Deadline for inspection and certificate of compliance |
| Before 30 June 1994 |
By 1 June 2022 |
| Between 1 July 1994 and 1 May 2010 |
By 1 June 2023 |
| After 1 May 2010 |
By 1 June 2024
|
| On or after 1 November 2020 |
At the time of applying for registration |
After the initial inspection, you must lodge a certificate of pool and spa barrier compliance every four years.
How do I find a registered building surveyor or inspector?
An inspection of your pool or spa barrier can only be carried out by:
- a registered building surveyor
- a registered building inspector
- a municipal building surveyor.
Visit the ‘Find a Practitioner’ section of the Victorian Building Authority website.
Please note that the pool/spa barrier inspection fee is set by the building surveyor or inspector and must be paid by the pool/spa owner.
What if the inspector finds a problem with my pool/spa barrier?
If the building surveyor or inspector finds your pool and/or spa barrier does not meet safety regulations, you'll have 60 days to resolve the issue.
Once resolved, the building surveyor or inspector will issue you with a certificate of pool and spa barrier compliance to lodge with Council.
If the issues aren't resolved within the specified timeframe, the building surveyor or inspector will issue a certificate of pool and spa barrier non-compliance (form 24) and submit it to Council.
We'll then issue a barrier improvement notice (form 25) to the property owner. The owner will need to act on the notice within the specified timeframe.
Please note the owner is required to pay the fee associated with the lodgement of the form 24 (26 fee units).
Visit the Victorian Building Authority website for more information, including FAQs covering the inspections and compliance process.
What if I fail to comply?
Owners must register their swimming pool and/or spa with Council and maintain their safety barrier in accordance with the Building Regulations 2018. Failure to comply will result in an infringement.
The following are infringeable offences under Divisions 4- 6 of Part 9A of the Regulations:
| Regulation |
Infringeable offence |
Penalty units |
| 147L(2) |
An owner fails to apply for registration of a swimming pool that was constructed before, or under construction as at 1 November 2020 by the later date of 1 November 2020, or 30 days after the date the occupancy permit or certificate of final inspection for the swimming pool was issued. |
Two |
| 147M(2) |
An owner fails to apply for registration of a swimming pool constructed after 1 November 2020, within 30 days after the date the owner receives the occupancy permit or certificate of final inspection for the swimming pool, and lodges the certificate of pool and spa barrier compliance at the same time as applying for registration of the swimming pool. |
Two |
| 147N(2) |
An owner of land on which a relocatable swimming pool has remained erected for at least three consecutive days, fails to apply for registration on the fourth day after it was erected. |
Two |
| 147O(2) |
An owner fails to apply for registration of a swimming pool within the period specified in a written notice given by the council. |
Two |
| 147V(1) |
The owner does not lodge a certificate of pool and spa barrier compliance by the applicable date most recently specified by the relevant council in a notice to the owner. |
Two |
| 147X(3) |
The owner fails to pay the relevant fee to council at the time of lodging a certificate of pool and spa barrier compliance. |
Two |
| 147ZC |
Following alterations to the barrier of a registered swimming pool, the owner fails to lodge the certificate of pool and spa barrier compliance with the relevant council within 14 days after receiving the certificate. |
Two |
| 147ZJ(4) |
Following lodgement of a certificate of pool and spa barrier non-compliance, the owner fails to pay the fee specified in a council notice within the required period. |
Two |
If you fail to meet our directions to ensure compliance with the regulations, it may result in the matter being referred to a magistrate.
I received an infringement, what do I do next?
Swimming pool and spa infringements are issued when property owners are in breach of one of the offences under divisions 4-6 of part 9A of the regulations. If you have received an infringement, you must pay the relevant fine.
Pay your fine
You can pay your fine online.
Appeal your fine
If you believe there's a valid reason for you not to pay a fine, and the matter has not been lodged with the Magistrates Court or Fines Victoria, you can apply for an internal review.
Is my pool or spa compliant?
While there are now stricter laws on managing pool and spa compliance, the requirement to have compliant safety barriers hasn’t changed.
You're expected to have compliant safety barriers in place.
You can check if your pool or spa barriers are compliant using the Victorian Building Authority’s three self-assessment checklists.
What defines a swimming pool or spa?
A swimming pool or spa is any excavation or structure containing water and principally used, designed, manufactured or adapted to be used for swimming, wading, paddling or the like. This includes a bathing or wading pool, or spa capable of containing a depth of more than 300 mm of water.
This includes:
- inground swimming pools
- indoor swimming pools
- above-ground swimming pools (including permanent and temporary pools)
- jacuzzis
- spas
- swim spas
- bathing and wading pools
- hot tubs.
What are pool and spa safety barriers?
Safety barriers are designed to restrict unsupervised entry by young children to the swimming pool or spa area.A safety barrier may consist of a:
- fence
- wall
- gate
- screen
- balustrades.
A safety barrier can include attachments, such as:
- doors
- gates
- windows
- locks
- latches
- hinges
- self-closing devices.
These barriers can be compliant if their use and physical characteristics – such as heights, gaps and rigidity – meet the requirements of the applicable safety standards.
When is a safety barrier not needed?
A safety barrier is not needed for:
- an excavation or structure not designed, manufactured or adopted to be used principally for swimming, paddling or wading, such as bird baths, fish ponds, fountains, dams and water supply or storage tanks
- swimming pools or spas not capable of containing a depth of water greater than 300mm
- inflatable swimming pools (typically toddler or wading pools) not capable of containing a depth of water greater than 300 mm
- spas inside a building that are used for personal hygiene, such as a spa bath in a bathroom.
Find out more about pool and spa regulations and compliance.