Swimming pool and spa registration
The Victorian government has introduced mandatory registration of all pools and spa in Victoria.
This means that all pools and spas across Victoria that are capable of containing water to a depth greater than 300mm (30cm) must have a compliant safety barrier to restrict access to the pool area for children under the age of five.
- Property owners must ensure these barriers are maintained to reduce the risk of unsupervised children gaining access.
- Residents must also ensure these barriers are always closed, except when entering the pool or spa.
This applies to all swimming pools and spas capable containing water deeper than 300mm, including:
- in-ground pools and spas
- above-ground pools and spas
- indoor pools and spas
- relocatable (including inflatable) pools, spas and hot tubs.
Any pool or spa should have been registered by 1 November 2020 however Yarriambiack Shire Council is still accepting registrations.
New pools should be registered within 30 days of receiving an Occupancy Permit or Certificate of Final Inspection.
Building a new pool or spa?
Before you can construct any new swimming pool or spa, you will need to apply for a building permit.
Any new pool or spa also needs to be registered within 30 days of receiving the Certificate of Final Inspection and Form 23 Certificate of Barrier Compliance.
Pool and spa registration process
Step 1. Register your swimming and/or spa
Property owners, including landlords, are required to register their pool or spa with council. The cost of registration is set by the Victorian government and can include a search fee. See council's fee schedule for the current fees.
You can register your swimming pool or spa with Council using its online portal.
Please don’t have your pool inspected yet. Council will send you a notice confirming the registration, the barrier standard that applies to your pool or spa, as well as the date by which you need to provide your certificate of compliance.
If you have a pool and a spa
- If you have a separate pool and spa they must be registered separately, unless they are contained within the same swimming pool barrier.
If you don’t register your pool or spa
- It is an offence not to register within the required timeframe and is subject to a fine of $384.60.
Council will maintain the register of swimming pools and spas within the municipality and uses owner registrations, existing council records and aerial photography to ensure the database is up-to-date.
Once your swimming pool or spa has been registered with council, it will remain registered until it is removed or decommissioned and the owner applies to take it off the register.
Step 2. Receive information from council
Council will send you a letter that tells you:
- when the swimming pool was built
- the relevant safety barrier standard
- the date the safety barriers must be certified by.
Do not proceed with an inspection until you have received this letter from Council.
Step 3. Inspect and repair
You need to have your safety barriers inspected by a registered building practitioner.
The swimming pool and spa barriers must be inspected and certified by a registered building surveyor or a registered building inspector. This certification will state that your barriers comply with the applicable barrier standard referenced in your letter from council.
Timeframes
The date your barriers must be certified will depend on when the pool was built:
- Pools constructed on or before 30 June 1994 - certification must be lodged by 1 June 2022*
- Pools constructed on or after 1 July 1994 but before 1 May 2010 - certification must be lodged by 1 June 2023*
- Pools constructed on or after 1 May 2010 but before 1 June 2020 - certification must be lodged by 1 June 2024*
Please note: once the registered pool inspector commences the compliance inspection process, they administer the timelines specified in the Building Regulations to achieve compliance. If the timeline exceeds the Council notified timeframes, please send an email to building@yarriambiack.vic.gov.au to request an extension of time.
If a Certificate of Barrier of Compliance is not issued within 60 days from the first inspection or if the barrier is not capable of being made compliant with the applicable standard, the registered pool inspector will send a Barrier of Non-Compliance (Form 24) to the owner and Council to notify us of the condition of the pool barrier. Council will investigate and determine to either grant additional time using a Barrier Improvement Notice (Form 25) or issue a building notice.
Who can inspect my safety barriers?
Swimming pool/spa barrier inspections can only be carried out by:
- a registered building surveyor
- a registered building inspector
Any building surveyor or building inspector who is registered with the Victorian Building Authority is able to inspect and certify your safety barriers.
How to find a registered building surveyor or building inspector
You can check if the practitioner is registered using the VBA's Find a registered practitioner search tool
What happens if I don’t have my barriers inspected?
It is an offence to fail to provide a Certificate of Pool and Spa Barrier Compliance by the prescribed time or to fail to comply with an order or direction from council. This may result in fines or prosecution.
Have you received a Barrier Improvement Notice (Form 25) from Council?
If you have received a Barrier Improvement Notice (Form 25) from Council, this means we have received a Certificate of Non-Compliance (Form 24) from your registered pool inspector advising Council your pool barrier needs to be maintained to achieve compliance with the Building Regulations. Accompanying the notice is a copy of the Certificate of Barrier Non-Compliance from your swimming pool inspector.
Your next steps:
- Fix the items on the Certificate of Barrier Non-Compliance provided by the registered pool inspector;
- Contact your registered pool inspector to book a follow-up barrier inspection before the expiry date of the Barrier Improvement Notice (Form 25), if compliant the pool Inspector will issue a Certificate of Barrier Compliance (Form 23);
- Lodge the Certificate of Barrier Compliance (Form 23) with council to attach the Certificate to the registration of your pool/spa pool by the expiry date on the Barrier Improvement Notice (Form 25);
Step 4. Lodge your compliance certificate
If the inspector is satisfied that the safety barrier is compliant with the applicable barrier standard:
- They will issue a Certificate of Pool and Spa Barrier Compliance and provide a copy to the owner.
- The owner, or their agent, must provide a copy of the certificate to Council within 20 days of the certificate issue date.
- Council will record details of the certificate on the register.
The cost of lodging the certificate with council is set by the Victorian Government.
Step 5. Inspect and certify every four years
You only have to register your pool once however the Victorian Government also introduced a requirement to have your swimming pool/spa barrier inspected every four years. This is to ensure ongoing swimming pool and spa safety for all Victorians.
It is important to be aware that once you have lodged your Certificate of Barrier Compliance, council will confirm receipt of your certificate and provide you with the new date that you will have to provide your next certificate in four years time.
Inspections and the submission of certificates of compliance must be completed every four years.
Don’t have a pool or spa?
Has your pool or spa been removed or is there no pool at your property? A pool or spa may have once existed on your property however it has since been removed. In order for council to effectively maintain its records, property owners can make a request in writing to:
- building@yarriambiack.vic.gov.au
- PO Box 243 Warracknabeal VIC 3393
to have their property removed from the register.
Council will acknowledge a request by an owner to remove a swimming pool or spa from the register and, if removed, will give notice of its removal.
Council may be satisfied that the swimming pool or spa has been decommissioned upon receipt of information from the owner or in addition, may carry out its own inquiries, such as reviewing relevant building or planning records, aerial images or carrying out an inspection.
Swimming pool and spa infringements
Council will issue infringements for failing to comply with Victoria's swimming pool and spa regulation requirements.
Infringements may be issued for:
- failing to have a pool or spa barrier in place
- failing to register your pool or spa with council
- failing to lodge a Certificate of Pool or Spa Barrier Compliance
- failing to pay a lodgement fee for a Certificate of Compliance
- failing to pay a lodgement fee for a Certificate Non-Compliance.