Safety laws for pools and spas

Overview

The Victorian Government introduced new laws to make swimming pools and spas safer in December 2019.

If you own a property with a pool or spa, you must:

  • register your pool or spa with Council
  • lodge a certificate of barrier compliance with Council
  • have your safety barrier inspected and certified every four years.

These new laws apply to swimming pools and spas that can hold more than 30cm of water. This includes:

  • permanent pools
  • above or below ground pools
  • indoor pools
  • hot tubs
  • outdoor free-standing or built-in spas
  • bathing or wading pools
  • all relocatable pools
  • pools that have been altered or converted that have not been formally decommissioned.
  • All swimming pool/spa safety barriers require a building permit. 

Visit the Victorian Building Authority (VBA) website for more information.


How do I register?

If you are the owner of a property with a pool or spa, you need to register it with Council. If you are a tenant and unsure if your pool or spa is registered, please contact your property manager directly.

If your pool or spa was built after 1 November 2020, the certificate of barrier compliance issued by your building surveyor must be lodged with your registration within 30 days of the occupancy permit or certificate of final inspection being issued.

If your pool or spa was built before 1 November 2020, you need to register it with Council. Failure to register may result in penalties and investigation.

You can register your pool or spa through our online portal.

Register now

If you’re unable to apply online, please call us on 1300 322 322 or visit a customer service centre to apply in person.

Failure to register a pool or spa within the relevant timeframe may result in an infringement followed by prosecution and prompt a full review by Council of all buildings located on the land.


When do I need to lodge a compliance certificate?

If your pool or spa was built after 1 November 2020, your building surveyor will issue a certificate as part of the building permit process. You will need to lodge the certificate with Council, along with your registration, within 30 days of the occupancy permit or certificate of final inspection being issued.

If your pool or spa was built before 1 November 2020, you will need to lodge your first certificate before the following dates to avoid infringement.

Date pool or spa was built Due date to lodge your first certificate
On or before 30 June 1994 1 June 2022
From 1 July 1994 until 30 April 2010 1 June 2023
From 1 May 2010 until 31 October 2020 1 June 2024
On or after 1 November 2020 You must lodge your certificate with your registration
Before 1 November 2020 without a building permit 1 June 2022

 

Visit the Victorian Building Authority (VBA) website for more information.


How do I lodge a compliance certificate?

If your pool or spa was built after 1 November 2020, you will be provided with a certificate of barrier compliance as part of the building permit process. You will need to lodge the certificate with your registration, within 30 days of the occupancy permit or certificate of final inspection being issued.

If your pool or spa was built before 1 November 2020, you will need to appoint a registered building surveyor or building inspector to assess the safety of your barrier. If the surveyor or inspector is satisfied, they will issue a certificate. You will be provided with a lodgement due date after you register.

You can lodge a certificate of barrier compliance through our online portal.

Submit online

If you’re unable to apply online, please call us on 1300 322 322 or visit a customer service centre to apply in person.

Once your pool or spa has been registered, and you have lodged your first certificate, you will need to get your pool or spa inspected and certified every four years. 

Visit the VBA website for more information. You will find checklists to help you prepare for the inspection and information on finding a registered practitioner.


What if my barrier in non-compliant?

If the building surveyor or building inspector determines that your barrier is unsafe, they can either:

  • issue a certificate of barrier non-compliance
  • issue a written notice.

If you have been issued a written notice, you will have an allocated timeframe to make changes to the barrier to ensure it is compliant. The appointed inspector will reassess the barrier, and issue:

  • a certificate of barrier compliance
  • an extension of time to rectify any changes
  • a certificate of barrier non-compliance.

If a non-compliance certificate is issued, the inspector will lodge it with Council and provide you with a copy. You will then receive an invoice to pay an initial fee of $397.50. This fee is valid until 30 June 2023.


How do I deregister a pool or spa?

If you no longer wish to use your pool or spa and would like it removed from our Swimming Pool and Spa Register, you will need to formally decommission it.

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 elements to the satisfaction of Council.

Elements you may need to remove include:

  • its ability to contain more than 300mm of water
  • access, such as a ladder
  • filtration system.

Deregister a pool or spa

You may require a building permit if the pool or spa is within certain boundaries.


More information

Visit the Pool and spa registration page on the VBA website for more information including FAQs.

For tips on ensuring your pool or spa is safe, visit one of the following websites: