SPA AND POOL FENCE Regulations VICTORIA

The information provided in these pages will help property owners understand their obligations regarding Swimming Pools and Spas Safety Barriers. It covers the New Registration, Inspection and Certification Requirements. These pages will also help Tenants and Property Agents understand who is responsible for Pool and Spa Barrier Safety.

By using our Company, Pool & Spa Safety Compliance, Victoria you can be assured that our services will be conducted by Licensed VBA

On 1st 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.

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.

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.

To assist you in obtaining a Compliant Pool or Spa Safety Barrier, Pool & Spa Safety Compliance, Victoria has developed a Simple 4 Step Process To Achieve Compliance. These steps are to ensure we can provide you with a service that is Professional, Effective and Efficient to achieve Compliance

For more information or to book one of our Pool & Spa Safety Barrier Inspections, contact us today

• Each council in Victoria will maintain a register for pools and spas located within their municipality.

• After registering your pool or spa, the relevant council is required to send you a written notification confirming:
• That your pool or spa has been registered
• The date of construction of your pool or spa and the applicable barrier standard
• Your right to appeal to the Building Appeals Board (BAB) in relation to the council’s determination of the date of construction of the pool or spa
• the date by which the first or next certificate of barrier compliance must be lodged with the relevant council.

• After you apply to register your pool or spa, the relevant council will determine the date of construction of your pool or spa and the applicable barrier standard.
• The barrier standard that applied on the date your pool or spa was constructed is the applicable barrier standard for your pool or spa.
• After you apply to register your pool or spa, the relevant council will determine the date of construction of your pool or spa and the applicable barrier standard.

• To determine the date of construction, the council may consider any relevant information, such as the date of any building permit issued in relation to the swimming pool or spa.
• This may include information provided in the registration application, the council’s records (such as building permit data) or other relevant information obtained by the council, including real estate listings and aerial photography.

• If you disagree with the relevant council's determination about the date of construction of your pool or spa, you can appeal the decision to the Building Appeals Board (BAB). An appeal must be lodged within 30 days of receiving the council's determination.
• You can contact the BAB on 1300 421 082, at www.buildingappeals.vic.gov.au or at registry@buildingappeals.vic.gov.au.

• If you do not register your pool or spa within the required period of time you may face an on-the-spot fine of approximately $330 or a penalty of up to $1,652.20.
• If the council becomes aware of the pool or spa on your property, they will send you a written notice requiring you to register the pool or spa. You will also be required to pay the registration fee and information search fee(if applicable).

• A pool or spa remains registered until it is removed from the register.

• You must advise your council that the registered pool or spa no longer exists or is no longer capable of containing water to a depth of greater than 300 mm. Your council must be satisfied this is the case before removing the pool or spa from the register.

• Yes – you are required to register your pool or spa under the new mandatory scheme.

• Please contact the relevant council to check if your pool or spa has been registered.

• All swimming pool sand spas that fall within the requirements of the Building Act must have a compliant safety barrier in place. Broadly, these include all permanent pool sand spas and most relocatable pools and relocatable spas that are capable of holding a depth of water greater than 300 mm.
• Small inflatable pools that do not contain 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. 

• Yes – it is mandatory for all land-owners in Victoria to apply to register any pool or spa on their property.
• Of the 27 drownings that have occurred in Victoria since 2000, 12 involved children who were not residents of the property. In one case, the child had entered the pool area without the knowledge of the property owner.

• No. The owner is responsible for registering the pool or spa with council and arranging for the inspection and certification of the barriers.
• ·     However, as an occupier you may inspect the council's register for information relating to the pool or spa on the property you are renting, including whether the pool or spa is registered, and whether the barrier has a current compliance certificate.

• If the Pool you erect is capable of holding water to a depth of water greater than 300 mm (30 cm), it must have a pool barrier installed.
• If you intend to keep your Relocatable Pool erected for three consecutive days or longer, you should notify your landlord (or their agent) of this. The landlord (owner of the land) is required to register the relocatable pool with the council on the fourth day.
• A Certificate of Barrier Compliance must also be lodged by the owner of the land with the relevant council within 30 days of the date of registration.