Swimming Pools and Spas

Swimming Pool/Spa built before 1 November 2020

If your pool was built before 1 November 2020, you were required to register your swimming pool/spa with Council by 1 November 2020. Pursuant to regulation 147L of the Building Regulations 2018, penalties do apply for non-compliance.

Register and Pay online

Swimming Pool/Spa built after 1 November 2020 

If your pool was built after the 1 November 2020, you must register and provide a Form 23 – Certificate of Pool and Spa Barrier Compliance within 30 days of receiving the Occupancy Permit or the Certificate of Final Inspection for the newly constructed pool or spa. Pursuant to Regulation 147M of the Building Regulations 2018. Penalties apply for non-compliance.

Register and Pay online 

Relocatable Swimming Pool/Spa

Relocatable swimming pools/spas need to be registered with Council if they have been erected for 3 or more consecutive days. The owner of the land on which the relocatable swimming pool or relocatable spa is located must apply to Council for registration before or on the 4th day after the relocatable swimming pool or relocatable spa was erected. A relocatable pool or spa can be considered as:

• A structure that is up for a short period of time.
• Is not in place for a prolonged timeframe. I.e. Used during the warmer seasons, particularly during summer holidays, such as Christmas.
• Does not consist of multiple components requiring assembly. I.e. Inflatable pool that requires inflation only.
• Easy to assemble and disassemble.
• A certificate of pool and spa barrier compliance issued by a private inspector/surveyor will need to be submitted with Council no later than 30 days after the date that the relocatable swimming pool or relocatable spa was registered with that council.

A relocatable swimming pool or relocatable spa MUST have a compliance safety barrier installed around it at all times it is erected.

Register and Pay online

Upon receiving your Form 23 from your Building Surveyor or Building Inspector, you are required to submit the certificate to the Council within 30 days. After you submit your Form 23, you will receive an acknowledgment of receipt. This correspondence will also include information on your next due date, which occurs every four years.. Council intends to send SMS messages prior to your due date.

Lodge your certificate of compliance 

Your inspector must immediately issue a Form 24 if any of the following circumstances exist:

1. The barrier does not comply with the applicable barrier standard in any of the following ways:

• (i) a door or gate forming part of the barrier, when in the closed position, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate;
• (ii) a door or gate forming part of the barrier is unable to be completely closed;
• (iii) any part of the barrier is less than 1 metre in height measured above ground level from the approach side.

2. The non-compliance of the barrier with the applicable barrier standard poses a significant and immediate risk to life or safety.

3. The barrier is not capable of being made compliant with the applicable barrier, standard; or the owner is unlikely to bring the barrier into compliance with the applicable barrier standard within 60 days of the inspection.

To avoid a Form 24 being issued and having to pay the significant fee to council, please ensure your safety barrier is constructed and maintained to the appropriate standards. Should your inspector issue a Form 24, they will submit it directly with Council and the owner will be responsible to pay the associated non-compliance fee.

To submit a Pool and Spa Barrier Non-Compliance (Form 24) For Inspectors, please click the link below

Report pool registration non-compliance

To make payment for a Pool and Spa Barrier Non-Compliance (Form 24), please click the link below

Non-Compliance (Form 24) Lodgement Fee Payment

If the owner of a registered swimming pool/spa is having difficultly arranging a safety barrier inspection they can apply for an extension of time, this will extend the lodgement due date that was previously nominated by council.

Please note an Extension of Time can only be granted within 6 months of the original due date, this extension can be up to a maximum of 60 days.

To apply for an Extension of Time please see below link.

Request for Extension of Time for Lodgement of Certificate of Pool and Spa Barrier

If your pool or spa has been removed, please let us know by completing the below form. To remove your structure from council’s pool and spa register, works consistent with Fact Sheet: Decommissioning/Removal of a Swimming Pool of Spa must have been completed.

I no longer have a Swimming Pool/Spa

Council is tasked by the State Government to ensure all affected property owners comply with the swimming pool registration and compliance requirements.

A pool or spa safety barrier does not replace the need for constant adult supervision of children around water.  

The landowner where a swimming pool or spa is located must take all reasonable measures to ensure that the safety barrier is in place and properly maintained at all times and to ensure that any gate or door forming part of a barrier restricting access to the swimming pool or spa area remains closed except when a person is entering or leaving the part of the land on which the swimming pool or spa is located. 

Penalties apply for non-compliance.

For more information about the new Victorian Government legislation, visit the Victorian Building Authority website page. 

A pool or spa safety barrier does not replace the need for constant adult supervision of children around water.  

 Pool barrier maintenance

The owner of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa area is properly maintained at all times. Penalty: over $8000

Swimming pool and spa barrier operation

An occupier of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa area is operating effectively and safely.

Swimming pool and spa barrier gate must remain closed

An occupier of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that any gate or door forming part of a barrier restricting access to the swimming pool or spa area remains closed except when a person is entering or leaving the part of the land on which the swimming pool or spa is located. Penalty: over $8000.

A person who opens a gate or door forming part of a barrier restricting access to the swimming pool or spa area must ensure that the gate or door is closed immediately after entering or leaving the part of the land on which the swimming pool or spa is located. Penalty: over $8000.

Further information

Penalties are subject to change with Victorian Building Authority and State legislation. 

For more information about the new Victorian Government legislation, visit the Victorian Building Authority website page. 

The Shire does not offer a pool and spa inspection and certification service. It is not affiliated with any providers of this service and does not endorse or support any providers of this service.

The Shire is tasked by the State Government to ensure all affected property owners comply with the new regulations and penalties will apply for non-compliance.

Permanent safety barriers are required for all permanent or relocatable pools and spas capable of containing a depth of water greater than 300mm, including:

Note: A lockable lid is not a compliant safety barrier.

A Building Permit from a Private Building Surveyor is required prior to any works commencing onsite.

Once your new pool or spa has been completed, your Private Building Surveyor will issue a Certificate of Final Inspection (Form 17) and a Certificate of Pool and Spa Barrier Safety (Form 23).

Within 30 days, the owner must:

1. Register their swimming pool or spa with Council; and
2. Submit their Certificate of Compliance (Form 23) with their pool or spa’s registration.

Relocatable Swimming Pool/Spa

Relocatable swimming pools/spas need to be registered with Council if they have been erected for 3 or more consecutive days. The owner of the land on which the relocatable swimming pool or relocatable spa is located must apply to Council for registration before or on the 4th day after the relocatable swimming pool or relocatable spa was erected. A relocatable pool or spa can be considered as:

• A structure that is up for a short period of time.
• Is not in place for a prolonged timeframe. I.e. Used during the warmer seasons, particularly during summer holidays, such as Christmas.
• Does not consist of multiple components requiring assembly. I.e. Inflatable pool that requires inflation only.
• Easy to assemble and disassemble.
• A certificate of pool and spa barrier compliance issued by a private inspector/surveyor will need to be submitted with Council no later than 30 days after the date that the relocatable swimming pool or relocatable spa was registered with that council.

A relocatable swimming pool or relocatable spa MUST have a compliance safety barrier installed around it at all times it is erected.

Any swimming pool or spa that can hold water to a depth greater than 300mm and principally used for swimming, wading, paddling, or the like, including a bathing or wading pool, or spa and that is appurtenant to a residential building must be registered with Council.

This includes: In-ground and above ground pools and spas, inflatable pools, indoor pools and spa pools, children’s paddling and wading pools, spas, Jacuzzis, hot tubs and swim spas (including portable spas)

This does not include: Structures such as bird baths, fishponds, fountains, spas inside a building that are used for personal hygiene, water supply/storage tanks and dams’, rivers, creeks and lakes.

Once you have completed your registration:

1. You will receive an automatic receipt via email.
2. Our Statutory Building Unit will process your registration.
3. You will receive a confirmation letter outlining the next steps. The next compliance due date will be indicated on the confirmation letter.

Once you submit your Certificate of Compliance (Form 23):

1. You will receive an automatic receipt via email.
2. Our Statutory Building Unit will process your Form 23.
3. You will receive a confirmation letter outlining the next steps. The next compliance due date will be indicated on the confirmation letter.

Council is tasked to ensure all swimming pool and spa owners comply with swimming pool and spa registration.  Penalties apply for non-compliance.

Failing to register a swimming pool and/or spa with the Shire is an offence under the Building Regulations and carries a prescribed penalty of 2 penalty units. More information relating to infringements can be found at www.justice.vic.gov.au.

Yes. All safety barriers must be inspected and certified by a registered building practitioner every 4 years.

The building practitioner will assess compliance against the relevant standard. Standards vary according to the date your pool or spa was constructed.  The practitioner will require a copy of your registration certificate /statement

Pool and Spa Registration Statement

Once you have received your Certificate of Pool and Spa Barrier Compliance (Form 23), you need to provide a to the Shire by the by your due date.

You can do that by lodging a certificate of compliance.

Council is tasked to ensure all swimming pool and spa owners comply with swimming pool and spa compliance requirements.  Penalties apply for non-compliance.

Failing to submit your Form 23 is an offence under the Building Regulations and carries a prescribed penalty of 2 penalty units. More information relating to infringements can be found at www.justice.vic.gov.au.

Any Building Surveyor, Building Inspector or Swimming Pool Barrier Inspector who is registered with the Victorian Building Authority is able to inspect and certify your safety barriers.

You can view a list of registered building practitioners on the VBA’s Find a practitioner directory.

The Shire does not offer a pool and spa inspection and certification service. It is not affiliated with any providers of this service and does not endorse or support any providers of this service.

It is the responsibility of a landowner where a swimming pool or spa is located to ensure the registration and compliance of the pool or spa. Penalties apply for non-compliance.

Once the settlement of your new property is finalised with the Shire, you will receive a New Owner Letter from the Statutory Building Unit which will include;

1. The status of your pool or spa’s registration.
2. The status of your pool or spa’s compliance, and the next due date of your Certificate of Compliance (Form 23) lodgement.
3. The installation date of your pool or spa and its applicable barrier standard.