Swimming Pool and Spa

The Victorian Government has introduced new legislation requiring owners of land where a swimming pool or spa is located to register it with their local council.  The new regulations aim to improve safety by ensuring that pool and spa barriers meet required standards and prevent young children from drowning.

The new laws apply to swimming pools and spas capable of holding more than 300mm (30cm) of water.   This includes permanent pools, above ground pools, indoor pools, hot tubs, bathing or wading pools and relocatable pools.  

Note:  A building permit is required to install a pool or spa and to erect a safety barrier.

What is required?

• Register your existing swimming pool and/or spa by 1 November 2020.
• Register your new swimming pool and/or spa (constructed after 1 November 2020) within 30 days of receiving occupancy permit or certificate of final inspection.  You are required to lodge the certificate of barrier compliance at the same time as your registration application.
• Pool and spa owners are now also required to obtain and lodge compliance certificates for their safety barriers.  See Safety barrier regulations for more information.
• Lodgement of compliance certificates for EXISTING safety barrier for pools and spas are required as set out below:

- Built on or before 30 June 1994, lodgement is due by 1 June 2022;
- Built between 1 July 1994 and 1 May 2010, lodgement is due by 1 June 2023;
- Built on or after 1 May 2010, lodgement due by 1 June 2024. 

- New pool/spa constructed on or after 1 November 2020 Registration and lodgement due 30 days after the Certificate of Final inspection issued from the Building Surveyor.

• Inspection compliance certificates will then be required to be lodged with Council every four years. 
  
  

Safety Fence Tips

• Built on or before 30 June 1994 - checklist
• Built between 1 July 1994 and 1 May 2010 - checklist
• Built on or after 1 May 2010 - checklist
• Maintain gates and fences regularly to ensure they comply with the Building Regulations.
• Fit correct safety measures to gates, doors and windows.
• Make sure no tree branches, pool pumps or pot plants etc are near the safety fence and be sure that anything able to be climbed is not placed in a position where children could climb to gain access to the pool or spa.
• A safety fence is required if you have an inflatable pool filled with water which is deeper than 300mm.
• Position any chairs, boxes, pool pumps etc so that they cannot be used to climb the fence to access the pool or spa.

FINES

• The Building Act 1993 contains penalties for pool owners who install a pool or spa and fail to carry out work in accordance with the Act.