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Safety barriers are mandatory

On average, 4 children die every year by drowning in private swimming pools and spas.

Safety barriers don't replace active supervision of children around water. But by stopping children from getting into the pool or spa, barriers and fences can save lives.

By law, you must have a safe barrier (fence) around all pools and spas that can hold more than 300 mm (30 cm) of water. This includes:

  • permanent pools
  • above-ground pools
  • indoor pools
  • hot tubs
  • bathing or wading pools
  • relocatable pools that have multiple parts (such as a pump, frame or ladder)
  • some inflatable pools.

Relocatable pools that don’t have multiple parts, don’t require assembly and aren’t capable of containing more than 300 mm of water don’t need to be registered or have a barrier – for example, a small toddler inflatable pool that requires no assembly other than inflation.

Find out more about pool and spa safety barriers on the Victorian Building Authority website.

Get a safety barrier inspection every 4 years

By law, you must:

  • get your safety barrier inspected and certified every 4 years by a registered building surveyor or inspector
  • lodge a Certificate of barrier compliance with us to show that your barrier has been inspected and that it meets legal requirements.

We recommend booking an inspection around 90 days before the certificate is due to be lodged. This should give enough time to book an inspection, repair the barrier (if required) and lodge the compliance certificate before the due date.

We offer a service to check pool or spa safety barriers to make sure they're compliant. The inspection fee is $380, including GST.

You can ask us to check your pool or spa safety barrier by filling out a request form, available for download below. Email your completed form to [email protected].

You can also hire a private registered building surveyor or inspector to carry out this service. Find one on the Victorian Building Authority website.

What you can do

As well as getting your safety barrier inspected, you can help keep your pool and spa safe by checking that:

  • barriers are rigid and secure
  • gates close and latch by themselves
  • pot plants, garden furniture, toys and anything else that a child might use to climb over the barrier are at least 1.2 m away from the barrier.

Lodge your compliance certificate by the due date

If the inspector determines that your barrier complies, they will issue a certificate of pool and spa barrier compliance (Form 23).

The cost of a certificate is $22.50, including GST.

You must lodge your certificate before the due date otherwise fines may apply. View the table below to see due dates.

Lodge a compliance certificate 

Pool/spa construction dateCompliance certificate due date
On or before 30 June 19941 June 2022
From 1 July 1994 to 30 April 20101 June 2023
From 1 May 2010 to 31 October 20201 June 2024
After 1 November 2020Within 30 days after the date on the certificate. Lodge this at the same time as you submit your registration.
For changes to a pool, spa or barrier that is already registered.Within 14 days after receiving the certificate.

Once you’ve lodged your compliance certificate, we’ll tell you in writing when your next certificate is due to be lodged because you must get your barrier inspected and certified every 4 years.

Reasons to request an extension

If you can’t meet the deadline to lodge your certificate of compliance, you can email us at [email protected] to request a later deadline.

We will consider requests for an extension in these circumstances:

  • You’ve arranged for a registered inspector to inspect your barrier (provide written confirmation from the inspector of the inspection date).
  • You’ve arranged work to fix a non-compliant barrier following the issue of a written notice by the inspector (provide a copy of the notice in writing issued under Building Regulation 147ZG).
  • A certificate of pool and spa barrier non-compliance has been issued (provide a copy).
  • Building work is being carried out on your land which affects compliance of the safety barrier (provide evidence, for example, a copy of the Building Permit).
  • A building notice, order or emergency order has been issued for your barrier (provide evidence).
  • You have a good reason other than the above for why you can’t lodge your certificate by the deadline (provide proof).

Certificate of barrier non-compliance

If the registered building surveyor or inspector finds that your barrier is not compliant, they’ll issue you with either:

  • a notice in writing that explains what needs to be fixed and by when
  • a certificate of barrier non-compliance that the building surveyor or inspector will lodge with us to be enforced. A fee of $424.60 applies.

The inspector or building surveyor can lodge a certificate of non-compliance online.

Lodge a certificate of non-compliance 

We may carry out another inspection or issue you with:

  • a barrier improvement notice
  • Building notices and/or orders that need more work to make the barrier safe by a certain date.

Failing to meet barrier safety requirements can lead to prosecution and large fines.

Relocatable pools

Relocatable pools (or spas) aren't permanent ones. Different legislative requirements apply to them, depending on their type and how long they're set up for. Use the table below to understand which requirements you need to meet.

Type of relocatable poolDays set upWhat you need to do

Inflatable pool that meets all of the following:

  • only needs air to be set up
  • doesn’t have multiple parts (like a pump, frame or ladder)
  • isn’t able to hold more than 300 mm of water.
Any periodNo safety barrier or registration needed.

A relocatable pool that meets either or both of the following:

  • has multiple parts (like a pump, frame or ladder)
  • can hold more than 300 mm of water.
Less than 3 days in a rowYou must install a compliant safety barrier, but you don't need a Building Permit to install it.

A relocatable pool that meets either or both of the following:

  • has multiple parts (like a pump, frame or ladder)
  • can hold more than 300 mm of water.
More than 3 days in a row

You must:

  • install a compliant safety barrier, but you don't need a Building Permit to install it
  • register the pool with us by the 4th consecutive day of it being set up
  • lodge a certificate of barrier compliance with us within 30 days of the date of registration.

Fees

The following fees include GST.

  • Inspection of pool or spa safety barrier carried out by us – $380
  • Certificate of pool and spa barrier compliance (Form 23) – $22.50
  • Certificate of barrier non-compliance that the building surveyor or inspector will lodge with us, but is paid for by the property owner – $424.60

Altering a barrier

You need a Building Permit to alter a pool barrier or add a new pool or spa. A Building Permit ensures it will meet legal requirements.

For a step-by-step guide, see our Install a pool or spa page.

Register a pool or spa

The Building Regulations 2018 mandates that all private swimming pools and spas in Victoria be registered. Find out more on our Register your pool or spa page.

More information

For more information, contact our Building Services team on (03) 9278 4999.


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