You will need a building permit if you want to:
- construct, install or alter a pool or spa that is more than 300mm deep
- construct, install or alter a pool safety fence.
As part of the permit application, you must submit a design and site plan that details the type and location of the barriers including (but not limited to):
- Fences, walls, barriers, palings
- Doors, windows, gates
- Locks, latches, catches, bolts
- Fly screens that restrict access to the pool or spa
- Self-closing devices etc.
You are required by law to have a safety barrier installed around any body of water that is primarily used for swimming, wading, paddling.
This applies to:
- indoor and outdoor pools and spas (in-ground and above ground)
- inflatable pools
- children’s paddling and wading pools
- portable spas, jacuzzis, hot tubs and swim spas.
Your safety barrier must comply with the requirements of the Building Regulations 2018.
Remember, a fully compliant safety barrier can never be considered totally childproof and proper adult supervision is essential to ensure the safety of children around a pool or spa.
New safety laws for pool/spa owners
New laws to improve pool and spa safety came into effect on 1 December 2019.
The new laws require property owners, including landlords, to:
- register pools and/or spas that are deeper than 300mm with Council
- complete inspections and lodge Certificates of Compliance with Council every four years.
- Existing pools and spas must be registered by 1 November 2020.
- New swimming pools and spas constructed after 1 November 2020 must be registered within 30 days of receiving the relevant Occupancy Permit or Certificate of Final Inspection.
- Any relocatable (moveable or portable) pools and spas if they are erected for three or more consecutive days.
- If it was erected before 1 November 2020 and remains erected for at least three consecutive days immediately before 1 November 2020, you must register by 4 November 2020.
- If it was erected on or after 1 November 2020 and remains erected for three consecutive days, you must register the pool and spa on the fourth day after it was erected.
To register, you can:
Downloaded registration forms should be returned to a Council office in-person (Credit card, cash or cheque payments accepted) or posted to PO Box 151, Kyneton VIC 3444 (credit card or cheque payment accepted).
If you wish to make a partial payment, payment plan or payment via multiple methods please call our Building department on (03) 5422 0333.
|Initial registration fee
Information search fee (applies to pools and spas constructed before 1 November 2020).
Council is required to search its records to determine the date of construction of your pool or spa and any associated building permits which determines the applicable barrier standard.
|Lodgement of Certificate of Compliance
|Lodgement of Certificate of Non-Compliance
Do you have multiple pools and/or spas?
If you have more than one pool and/or spa within the same barrier, they can be registered under a single application, incurring one registration fee and information search fee.
If the pools and/or spas are enclosed separately, they must be registered under separate applications and will incur two (or more) sets of fees and require compliance certifications for each barrier.
Is your pool/spa empty?
The new laws cover any pool or spa that is capable of containing water to a depth of greater than 300mm. This includes inflatable children's pools if they are erected for more than three consecutive days.
What happens if you don’t register your pool or spa?
Council is required to make sure all affected property owners comply with the new regulations and penalties will apply if you do not register your pool or spa.
Have you recently bought a property with a pool or spa?
Please call our Building department on (03) 5422 0333 to find out if your pool has been registered, and when the next certificate of compliance is due.
What do you do if you're renting?
Check with your property owner or property manager if the pool/spa has been registered. It is their responsibility to have the pool or spa registered, inspected and to lodge the certificate of compliance.
How can you extend the date of compliance?
If your certificate of compliance was issued after May 2017, you can apply for an exemption to provide your certificate of compliance until May 2024. Please call our Building department on (03) 5422 0333 if you wish to extend your date of compliance.
What happens after you register?
After registering your pool or spa, Council will send you written notification confirming:
- that your pool/spa has been registered
- the date of construction of your pool/spa and the applicable barrier standard
- your right to appeal to the Building Appeals Board (BAB) if you disagree with Council’s determination of the date of construction of the pool/spa
- the date by which the certificate of barrier compliance must be lodged with Council.
You must then:
- arrange an inspection with an independent building inspector to ensure the safety barrier around your pool/spa meets the required standard; and
- lodge a certificate of compliance with Council. Certificates of compliance must be lodged with Council within 30 days of the date of issue and updated every four years.
A pool inspector can issue a non-compliance certificate in the event of serious safety issues or if repairs have not been made following an inspection. The pool inspector is responsible for lodging the non-compliance certificate with Council.
For additional information, visit the Victorian Building Authority or call our customer service team on (03) 5422 0333.
If your pool or spa is decommissioned or has been removed, please let us know by completing our online notification form
You will need to upload photographic or documented evidence that the pool or spa has been decommissioned or removed. An inspection may be required to verify the pool or spa has been decommissioned or removed.
If you have any questions, please call our Building department on (03) 5422 0333.