Swimming and spa mandatory registration
On 1 December 2019, new laws to improve swimming pool and spa safety came into effect in Victoria. It is mandatory for owners of land where a swimming pool or spa is located to register their pool or spa with their local Council and pay the relevant fees.
A building permit is required for:
- the construction of a new swimming pool
- the construction and alteration of all barrier/s for a swimming pool and spa.
Unless exempted in items 20-22 in Schedule 3 of the Building Regulations 2018.
New pools and spas completed after November 1, 2020, must be registered within 30 days of receiving the Certificate of Final Inspection specified in your building permit. Also include the certificate of compliance (Form 23) with your registration application, provided by the Building Surveyor.
Failure to register in time may result in fines or legal action.
Pool and spa safety
All swimming pools and spas must have a compliant safety barrier to restrict access to the pool or spa area by young children.
Ensure all gates to the swimming pool or spa area are closed at all times, except when you’re entering or leaving.
The laws apply to swimming pools and spas that can hold 300mm (30cm) of water or more.
Read more at Pool safety barriers | Victorian Building Authority (vba.vic.gov.au)
As a pool or spa owner you must complete the following:
Step 1. Register
Step 2. Arrange pool/spa inspection and repair
Step 3. Lodge Compliance Certificate (Form 23)
Step 4. Inspect and Certify every 4 years
Swimming pool and spa registration and compliance fees
Pool and spa registration and inspection requirements
The State Government introduced new laws to improve swimming pool and spa safety. They introduce new registration, inspection and certification requirements for property owners:
As a pool owner you need to complete the following:
- Register your pool with your local Council
- Organise an inspection of your pool or spa barrier by a registered swimming pool inspector
- Rectify any issues identified by your pool or spa inspection
- Submit a certificate of compliance (Form 23) to your Council by the due date
Ensure the pool safety barrier is maintained and compliant with the relevant applicable barrier standard at all times.
For more information see pool and spa inspections and compliance.
Register your pool or spa
Complete and submit an Application to Register Swimming Pool or Spa form - 484 KB
Make sure to include:
- Construction date of pool or spa
- Provide a copy of building permit and Certificate of Final Inspection (CFI) /Occupancy Permit (OP (if not provided Search fee will apply)
- Register Fee: $34.20 (once off fee)
- Search Fee: $50.70 (applicable if building permit and a CFI/OP not provided)
Council will send you a letter (Notice of Registration Swimming Pool or Spa) with the following details:
- date of construction (when the swimming pool and/or spa was built)
- the relevant barrier standard (determined by the date of construction)
- the date by which you need to provide your Certificate of Compliance (Form 23).
Inspect and rectify
- Arrange an inspection to ensure the safety barrier around your pool/spa meets the required standard.
- The inspection of your pool or spa barrier must be carried out by a registered building practitioner such as a Building Inspector (Pool Safety), Building Surveyor, Building Inspector.
- Please review the VBA self-assessment checklist to assist in preparation of your upcoming pool/spa inspection
- Engaging a Building Practitioner/Pool Inspector
Lodge Certificate of Compliance (Form 23)
Pool and spa owners are required to obtain and lodge a compliance certificate for their safety barriers once every four (4) years.
Once the pool or spa safety barrier has been inspected you will be issued with either:
- Form 23 - Certificate of Compliance if your pool/spa barrier meets the required standard, or
- Direction to Rectify/Fix Reg. 147ZG(1) (reinspection required within 60 days), or
- Form 24 - Non-Compliance Certificate if a significant or immediate risk to life or safety or is not likely to be completed withing the 60 days. The inspector must submit the Form 24 to Council and an invoice will be raised to the owner.
The owner, or their agent must provide a copy of the certificate of compliance (Form 23) to Council within 20 days of the certificate issue date.
- Lodging of certificate fee: $21.90
- Council will send you out a letter (Receipt of Certificate) that acknowledges:
- receipt of the Certificate of Compliance
- Due date of next compliance certificate – 4 years
Inspect and certify every 4 years
Inspections and submissions of Certificate of Compliance must be completed every 4 years.
To obtain a compliance certificate you must arrange an inspection to ensure the safety barrier around your pool/spa complies with the applicable barrier standard as listed above. Any registered building practitioner whose registration authorises the carrying out of inspections of pools or spa, including the associated barriers can conduct inspections and issues a Certificate of the Barrier Compliance (CBC).
Decommission or removal of swimming pool or spa
A property owner will need to satisfy Council that the swimming pool no longer exists or is no longer capable of holding a water to a depth greater than 300mm.
This may be done by undertaking one of the decommissioning options detailed below to restrict all swimming pools and or spas containing water greater than 300mm.
What do I need to do to decommission my pool or spa?
Removal of above-ground swimming pool
Complete dismantling of a swimming pool if above-ground. Otherwise at least the removal of the swimming pool liner, access ladder and filtration system, and ensuring the remaining components cannot hold water to a depth of more than 300mm.
Total removal of an in-ground swimming pool
A Demolition Permit is required if the exemptions in Schedule 3 of the Regulations do not apply. Consideration needs to be given to the setback from the boundary and whether the demolition 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).
In-ground pools
In-ground swimming pools can either be left in-situ and buried or made incapable of holding water to a depth of more than 300mm.
The process can include the following steps:
- Cut at least two holes at least 500mm x 500mm in the deep end of the swimming pool (or as determined by an engineer taking site conditions into account).
- Remove debris from cut outs.
- Remove filtration system and access ladders.
- Fill the swimming pool excavation with appropriate fill material (compacted in layers), with a maximum depth of 300mm (or as determined by an engineer taking site conditions into account).
Consideration can also be given to cutting down the side walls.
How do I remove a pool or spa from the register?
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:
- Decommission your pool or spa:
- De-register your pool or spa
- Arrange an inspection for Council to inspect property – (Fee is applicable)
Swimming pool registrations dates
1. Pools constructed before 1 November 2020 (reg 147L) Swimming pools(a) constructed before 1 November 2020; or(b) in respect of which construction was commenced but not completed before 1 November 2020. Excludes a relocatable swimming pool.
Registration date: The later of: 1 November 2020 or 30 days after the date the Occupancy Permit or Certificate of Final Inspection is issued.
2. Pools constructed on or after 1 November 2020 (reg 147M) for which a building permit for construction of the swimming pool was issued—(a) on or after 1 November 2020; or(b) before 1 November 2020 but construction of the swimming pool did not commence until on or after that date.(Excludes a relocatable swimming pool).
Registration date: 30 days after the date of issue of the occupancy permit or certificate of final inspection for the pool and spa; And required to lodge the certificate of barrier compliance at the same time as your registration application.
3. If the relocatable pool or spa was erected before 1 November 2020 and remains erected for at least 3 consecutive days immediately before 1 November 2020.
Registration date: By 4 November 2020 if erected 3 or more days prior to 1 June and remains erected,
Or on the 4th day after the relocatable pool was erected.
Certificate of compliance submission dates
The State Government has extended the timeline to lodge your Certificate of Compliance with Council.
The due date for lodging your Certificate of Compliance has been extended as follows:
Construction date: From 1 July 1994 until 30 April 2010 Due date: 1 June 2022
Construction date: From 1 July 1994 until 30 April 2010 Due date: 1 June 2023
Construction date: From 1 May 2010 until 31 May 2020 Due date: 1 June 2024
Construction date: On or after 1 November 2020 Due date: At the time of applying for registration
If it is a relocatable swimming pool being erected, the due date is no later than 30 days after the date the pool was registered.
The construction and installation of swimming pools, spas, safety barriers and barrier maintenance are all subject to the requirements of the Building Regulations 2018 (the Regulations).
It is the responsibility of the property owner that all pools and spas are correctly fenced and secured according to the Regulations. Council encourages all owners to inspect and review the compliance of their pools and spas using the Victorian Building Authority’s three self-assessment checklists.
Victorian Building Authority (VBA) Pool and Spa Safety Barrier Checklist
- Pools and spas installed before 8 April 1991 - Checklist 1
- Pools and spas installed between 8 April 1991 and 30 April 2010 - Checklist 2
- Pools and spas installed from 1 May 2010 - Checklist 3
Safety Barrier Inspections
Who can inspect my safety barriers?
Any building surveyor or building inspector who is registered with the Victorian Building Authority is able to inspect and certify your safety barriers. You can also check is a building practitioner or company is regsitered use the VBA's Find a Practitioner directory.
Will Council provide details on who will inspect my safety barriers?
The council is able to recommend or provide details of building surveyors or building inspectors that can inspect your safety barriers. A list is available by search the VBA's Find a Practitioner directory.
For further information please visit the Victorian Building Authority (VBA) website for all current updates regarding swimming pools and spa regulations.
Applying for a building permit
Applying for a building permit
If a building permit is required,
- go to the Building Permits page to download the application form
Instructions on how to apply can be found on the page.
Still not sure if you need a permit?
If you are not sure if you require a permit or have any questions feel free to contact us.
Telephone: 8571 1515
Email: building.services@cgd.vic.gov.au
Please note: If a pool/spa area is deemed unsafe enforcement action, fines and possible court action may be instigated.
