Pool and Spa Registration
New legislation was introduced on 1 December 2019 whereby owners of a pool or spa are required to register it with their local Council by 1 June 2020, and have their safety barrier inspected once every four years.
Due to the impact on the community from the Coronavirus (COVID-19) pandemic, the Victorian Government has extended the dates by which swimming pools and spas must be registered with Council and the dates that certification of safety barriers must be provided to Council.
Private pool and spa owners now have until 1 November 2020 to register their pools with their local Council – an extension of five months from the original 1 June deadline
The new laws apply to swimming pools and spas that are capable of holding more than 300mm (30cm). This includes relocatable and temporary swimming pools and spas.
For more information on the legislation visit the Victorian Building Authority website.
Certificate of Barrier Compliance – Extension of Time
Frankston City Council acknowledges that the majority of residents appropriately maintain their pools, however have been exposed to some constraints relating to the availability of practitioners to inspect and certify their pools, or matters associated with the Covid 19 pandemic.
Council may extend time for lodgement of a certificate of pool and spa barrier compliance if the owner has provided a reasonable excuse as to why it was not possible to lodge the certificate by the due date, if you believe you have a reasonable excuse, please use the following form:
Pool / Spa Extension of Time Webform
NOTE: It is the responsibility of the owner of the land containing the pool/spa to ensure that it is compliant and safe, and is appropriately maintained to ensure safety of children. Any consideration of an extension of time to the lodgement date may be revoked at any time by Council if reasonable to do so.
Apply to Register your Swimming Pool or Spa
Registration costs $80.20 which includes a registration fee of $32.30 and a mandatory records search fee of $47.90.
The records search fee only applies to pools or spas constructed before 1 November 2020. Therefore if your pool or spa was constructed after 1 November 2020, the registration cost will be $32.30.
All new swimming pools and spas constructed after 01/11/2020 with a Mandatory Building Permit issued must still register their Pool/Spa and lodge the Certificate of Barrier Compliance (Form 23) with Council via the link provided.
This must be done collectively within 30 days of the Final Certificate and Certificate of Barrier Compliance (Form 23) being issued. Total fee $53.00 which includes a registrations Fee $32.30 and Form 23 Lodgement fee $20.70.
If you have or wish to advise us of no pool or spa on your property, you not need to register you pool or spa, however, you will need to advise Council.
How to apply
(Please note only the owner of the property can apply to register a swimming pool/spa. If you are a tenant and unsure if your pool or spa is registered with Council please contact your property manager directly).
To apply to register your swimming pool or spa you will need:
- The property address - where the swimming pool or spa is located
- Your contact details
- An estimation of the date the swimming pool or spa was constructed/erected. (If the age of your pool/spa cannot be verified, the current safety standard will be applied.)
- Your credit card details (to pay the registration fee)
Register Permanent Pool or Spa
Register Temporary/Relocatable Pool or Spa
Relocatable pool/spa is classified as a structure that is predominantly used for the purpose of swimming or wading and is capable of being relocated and holds more that 300mm depth of water.
Note: relocatable pools/spas should require no assembly other than inflation and not have multiple components to its overall assembly. A component could be structural assemble, electrical fittings or plumbing.
Frequently Asked Questions
What happens if I don’t register?
If you do not register your pool or spa within the required period you may face an on-the-spot fine of approximately $363.50 or a penalty of up to $1,817.40. If Council becomes aware of the pool or spa on your property, we will send you a written notice requiring you to register the pool or spa. You will also be required to pay the registration fee and information search fee (if applicable).
What happens after I submit my application?
Once your application to register your swimming pool or spa has been received and processed, the Building Services Team will assess the information provided in your application and inform you in writing (via post or email) that the swimming pool or spa has been registered, including details of the following:
- The new regulations and applicable barrier standard(s);
- The owner’s appeal rights under reg 144(2); and
- The dates by which you must engage a certified swimming pool and spa inspector to inspect and certify the compliance of your safety barrier and lodge certificate of compliance with council (refer to table below).
Swimming Pool and Spa Construction Date
First Certificate of Swimming Pool and Spa Barrier Compliance Due Date (Form 23)
30 June 1994 or earlier
1 November 2021
From 1 July 1994 until 30 April 2010
1 November 2022
From 1 May 2010 until 31 May 2020
1 November 2023
Constructed without a building permit before 1 November 2020
From 1 June 2021
On or after 1 November 2020
At the time of applying for registration
The date the relocatable swimming pool was last erected as specified in the application form (Form 22)
No later than 30 days after the date the pool was registered
1 November 2021
What if I can't apply online?
If you are not able to apply online:
View more frequently asked questions
The Victorian Building Authority’s pool and spa safety barrier self-assessment checklists:
To help you prepare for the mandatory registration of pools and spas, please review the checklists provided by the Victorian Building Authority.
Once your swimming pool or spa has been registered, you need to arrange an inspection of the safety barrier to determine if the barrier is compliant with the applicable barrier standard.
An inspection of your pool or spa barrier can only be carried out by:
- a registered building surveyor
- a registered building inspector
Pool owners should check the credentials of anyone they engage for this work through the Register on the Victorian Building Authority Website.
Frankston City Council is not conducting pool and spa inspections or certifications. Council is not affiliated with any providers of this service and does not endorse or support any providers of this service.
Lodging a Certificate of Compliance (Form 23)
If the Surveyor/Inspector is satisfied that the safety barrier is compliant with the applicable barrier standard:
- They will issue a Certificate of Pool and Spa Barrier Compliance and provide a copy to the owner.
- The owner, or their agent must provide a copy of the certificate to Council.
- Council will record details of the certificate on the register.
The Certificate of Compliance (Form 23) must contain the following information:
- Building Practitioners registration details
- Property details
- Date of construction
- Date of inspection
- Type of swimming pool/spa
- Type of works (if any) that were required to bring the barrier to the applicable barrier standards.
A fee of $20.70 is payable on lodgement of Certification of Pool and Spa Compliance.
Submit a Certificate of Compliance for a Pool or Spa
What happens if I receive a non-compliance certificate?
If the building inspector or building surveyor determines that your safety barrier is not compliant, they can:
- immediately issue a certificate of barrier non-compliance or
- issue you a written notice specifying:
- the matters which must be addressed to make the pool barrier compliance
- the period in which the barrier must be made compliant (within a maximum of 60 days) and
- the date and time they intend to reinspect the barrier
After re-inspection, if the building inspector or building surveyor determines that your barrier is compliant, they will issue a certificate of barrier compliance, which you must then lodge with Council.
If the barrier remains non-compliant but the building inspector or building surveyor is satisfied that progress has been made towards bringing the barrier into compliance, they may allow you an extra seven days to rectify the barrier. Otherwise they will issue a certificate of barrier non-compliance.
If a building inspector or building surveyor issues a certificate of barrier non-compliance, they must lodge it with the relevant council and provide the owner with a copy.
Council will send the owner a fine of $390.80 which must be paid by the due date specified in the notice.
Council enforcement role
When Council receives a certificate of barrier non-compliance, the Municipal Building Surveyor will issue:
- a barrier improvement notice or
- a notice or order under the Building Act 1993 (if the Municipal Building Surveyor considers that this is appropriate, depending on the nature of the non-compliance)
More information on inspections and compliance
Learn more about inspection and certificates
Decommissioning or removal of swimming pools and spas
If you no longer wish to use your pool or spa, and would like it removed from Council’s Swimming Pool and Spa Register, you will need to formally decommission it. Do you still need to register it (given it may take a while to decommission / remove the pool)?
What constitutes decommissioning?
To decommission your pool or spa, you need to remove aspects that make the structure a swimming pool or spa, such as:
- complete removal of the pool or spa
- remove its ability to contain more than 300mm of water and;
- remove its access, such as access ladders and;
- remove any filtration system.
Pools located less than the depth away from boundaries may require a building permit prior to removal.
Advise of No Pool or Spa on Property