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Pool and spa requirements

The Victorian Government has laws for pools and spas to prevent children from drowning. By legislation:

  1.  If you own a property in Boroondara with a pool or spa, you must register it with us.
  2.  You must have the safety barrier inspected every 4 years to make sure it's maintained and complies with the applicable barrier standards.
  3. To avoid being fined, you must lodge your certificate of compliance by its due date after your safety barrier inspection.

Step 1: Register your pool or spa

If you own a property in Boroondara with a pool or spa you must complete a registration form and pay a registration fee by the due date, or you may be fined.

Register your pool or spa

Due dates for registration depend on when the pool or spa was completed and whether or not it is permanent. 

To find the registration deadlines for your pool or spa, visit the section 'Deadlines for registration' on the Victorian Building Authority website.

Step 2: Wait for your registration letter

We will review your application and email you a letter confirming registration.

The letter will include details about:

  • the date your pool or spa was built
  • the barrier standards that apply to your pool or spa barrier
  • the date you need to lodge a certificate of pool and spa barrier compliance (Form 23)
  • what to do next if alterations were made to your barrier that aren’t recorded in our letter. 

Step 3: Book an inspection of your safety barrier

You must have a compliant safety barrier around all 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
  • relocatable pools that have multiple parts (such as a pump, frame or ladder)
  • some inflatable pools.

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

The inspection must be carried out by a registered building surveyor or building inspector. We also offer an inspection service for a fee.

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.

Step 4: 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). You must lodge it within 30 days and by the due date, otherwise fines may apply.

Lodge a certificate of barrier compliance

On 12 October 2021, the Building Regulations 2018 were amended to give owners of pools and spas a 6-month extension. This allows them more time to lodge their first certificates of pool and spa barrier compliance (Form 23) with Council. The new dates are shown in the table below.

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 any alterations 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 will 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.

Request an extension of time

Please email your request to us at [email protected] if you cannot lodge the certificate by the due date.

Requests must meet one of the following reasons to be valid, and must be accompanied by supporting evidence, or they may be refused.

  • You’ve arranged for a registered inspector to inspect your barrier (provide written confirmation of the inspection date from the inspector).
  • 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).
  • 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 reasonable excuse other than the above for why you cannot lodge your certificate by the due date (provide evidence).

Certificate of barrier non-compliance 

If the registered building surveyor or inspector finds that your barrier is not compliant, they will 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 $413.40 applies. 

Lodge a certificate of barrier non-compliance

We may carry out another inspection or issue you with:

  • a barrier improvement notice 
  • building notices and/or orders that require more work to make the barrier compliant by a certain date.

If you don't meet the barrier safety requirements, this could lead to prosecution and substantial penalties. 

Types of relocatable pools 

Find out what you need to do if you have a relocatable pool. This will depend on the type of relocatable pool and how long it is set up for.

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, such as a pump, frame or ladder.
  • Isn’t able to hold more than 300 mm of water.
Any time periodNo barrier or registration needed.

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

  • Has multiple parts, such as a pump, frame or ladder.
  • Able to hold more than 300 mm of water.
Less than 3 days in a row

You must install a compliant safety barrier, but you don't need a building permit to install it. 

Find out about barrier requirements on the Victorian Building Authority website.

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

  • Has multiple parts, such as a pump, frame or ladder.
  • Able to 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 day 4. 
  • Lodge a certificate of barrier compliance with us within 30 days from the date of registration.

Find out about barrier requirements on the Victorian Building Authority website.

Fees 

The Victorian Government sets the fees for registering a pool or spa and for lodging a certificate of barrier compliance with us. 

These fees don’t include the cost for inspections and will vary according to the inspector you use for this service.

Type of fee or penaltyAmount
Register a pool/spa completed before 1 November 2020$84.90

Lodge a certificate of compliance for:

  • pool/spa, including relocatable
  • changes to a registered pool/spa
  • changes to existing safety barriers.
$21.90
Register for and lodge certificate of compliance for pool/spa completed after 1 November 2020$56.10
Fee to search for date of construction of pool/spa to determine applicable barrier standard. Applies only to pools or spas completed before 1 November 2020$50.70
Failure to register pool/spa by due dateUp to $1923.10
Register a relocatable pool/spa$56.10
Lodge a certificate of non-compliance. There's no charge for this, but we'll send the property owner an invoice for a statutory fee which must be paid by the due date or a fine may apply.$413.40

Remove or decommission a pool or spa

If you are removing or decommissioning a swimming pool or spa from your property, please refer to the following document for further information.  You must inform Council via phone or email if you intend to remove or decommission so that an inspection can be carried out and to ensure Council’s swimming pool and spa register is updated.

More information

For more information about swimming pools, spas and safety barrier requirements, visit the Victorian Building Authority website. 

For general enquiries, contact our Customer Service team on (03) 9278 4444. 


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