Pool & Spa Owners Responsibility.
On 1 December 2019, new laws to improve swimming pool and spa safety came into effect in Victoria. It is now mandatory for owners of land where a swimming pool or spa is located to register their pool or spa with the relevant council.
Owners are also required to have their safety barriers inspected and to lodge a certificate of barrier compliance with their council. If a safety barrier is not compliant, it is the owner’s responsibility to make the barrier compliant.
Pool & Spa Definitions and Barrier requirements
The new laws apply to swimming pools and spas that are capable of holding more than 300 mm (30 cm) of water. This includes permanent pools, above ground pools, indoor pools, hot tubs, bathing or wading pools and some relocatable pools.All swimming pools and spas capable of containing water to a depth greater than 300 mm (30 cm) must have a compliant safety barrier to restrict access to the pool area by young children (under the age of five). Barriers are required for:
- in-ground pools and spas
- above-ground pools and spas, including relocatable and inflatable pools that are capable of holding more than 300 mm (30 cm) depth of water and require assembly on site.
- indoor pools and spas
- bathing and wading pools capable of containing more than 300 mm (30 cm) depth of water
Relocatable pools that do not consist of multiple components and do not require any assembly are not subject to the barrier requirements. An example of such a product is a small inflatable pool that requires no assembly other than inflation.Barriers aren’t required for:
- inflatable swimming pools (typically toddler or wading pools) that cannot contain a water depth greater than 300 mm (30 cm).
- small inflatable pools that do not consist of multiple components and do not require any assembly. An example of such a product is a small inflatable pool that requires no assembly other than inflation.
- bird baths
- fountains
- water supply/storage tanks
- fish ponds
- dams
- baths used for personal hygiene and emptied after each use
- spas inside a building (e.g. in a bathroom) used for personal hygiene and emptied after each use
- pools or spas that cannot contain a water depth of more than 300 mm.
Pools and spas constructed (or where construction commenced) before 1 November 2020
| Pool/spa construction date | Compliance certificate must be lodged by |
|---|---|
| On or before 30 June 1994 | by 1 June 2022. |
| From 1 July 1994 until 30 April 2010 | by 1 June 2023. |
| From 1 May 2010 until 31 October 2020 | by 1 June 2024. |
Please note you are required to lodge a certificate of barrier compliance every four years. Check with your council for exact dates.
Barrier inspections
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.
Contact us to arrange your pool or spa safety barrier compliance inspection or a pre-compliance inspection, consultation and report service.
Certificate of barrier compliance
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 be carried out by a registered building inspector (safety barrier).
Deadlines for inspection and lodgement of certificate of barrier compliance
The Victorian Government has extended the deadlines for lodging certificates of barrier compliance with local councils. The new cut-off dates are reflected on this page.
Certificate of barrier compliance
If the inspector determines that your safety barrier complies with the applicable barrier standard, they will issue a certificate of barrier compliance. As the owner of the land with the pool or spa, you then need to lodge the certificate with your council. You must do this within 30 days of the date of issue of the certificate. Contact your council for more information.
When the council receives the certificate, they will send you a written notice, which confirms:
- the date the certificate was lodged
- the date by which the next certificate is required to be lodged, which is four years after the previous certificate.
You will need to pay a fee to the council when you lodge the certificate.
Fees and penalties
| Type of fee or penalty | Amount |
|---|---|
| Maximum fee for lodging a certificate of barrier compliance with council | $20.44*^ |
| Maximum fee for lodging a certificate of barrier non-compliance with council | $385.06*^ |
| Failure to lodge certificate of barrier compliance by date specified | up to $1,652.20^ |
| Failure to lodge certificate of barrier non-compliance by date specified | up to $1,652.20^ |
| Failure to comply with barrier improvement notice by date specified | up to $1,652.20^ |
* Fees are set by the relevant council and may be rounded to the nearest 10 cents. Please check the council’s website for the fee that applies.
^ These fees and penalties are applicable until 30 June 2021.
Owners of pools or spas with barriers that require multiple inspections before being certified as compliant will face higher costs than those whose barrier is certified as compliant after the first inspection.
Pools and spas constructed on or after 1 November 2020
Your first certificate of barrier compliance must be lodged within 30 days of the date of issue of the certificate. This certificate must accompany your application for registration.
Your next certificate of compliance is due four years after registration. Check with your council for exact dates.
Non-compliant barriers
If the inspector determines that your safety barrier is not compliant, they can either:
- immediately issue a certificate of barrier non-compliance; or
- issue you a written notice specifying:
- the matters which must be addressed to bring the pool barrier into 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.
What happens next
When the council receives the certificate of barrier non-compliance, the municipal building surveyor will issue either:
- 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).
Barrier improvement notices
A barrier improvement notice may be issued by a municipal building surveyor after the council receives a certificate of barrier non-compliance. A barrier improvement notice is usually issued for minor non-compliance matters. The notice specifies what you must fix to make the barrier compliant, as well as the period that you must take this action within.
Re-inspection
After re-inspection, if the inspector determines that the pool 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 inspector is satisfied that progress has been made towards bringing the barrier into compliance, they may allow you an additional seven days to rectify the barrier. Otherwise they will issue a certificate of barrier non-compliance.
If an inspector issues a certificate of barrier non-compliance, they will lodge it with the relevant council and provide you with a copy. The council will notify you and you will have to pay a fee by the due date specified in the notice.
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