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

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.

The water discharged when backwashing the sand filter on a chlorinated or salt-treated swimming pool must not impact or flow onto any other property.

Water from a swimming pool backwash must be either:

• Treated via a solid settling tank or cartridge filter with the water recycled back into the pool

OR

• Discharged onto your property via a sub-surface soakage/absorption system. For sandy soils, a soakage pit is recommended and for heavier clay soils an absorption trench is recommended. Download and see: Standard technical drawings for an absorption trench(PDF, 148KB)

OR

• Discharged into the sewerage system in accordance with South East Water requirements. Written approval MUST be obtained from South East Water prior to connecting any drainage works into the sewer system. Please note that pool backwash water is not permitted to discharge to a pressure sewer. Discharge is only permitted to a gravity fed sewer subject to approval

OR

• Connected to the Shire’s storm water network ONLY if it is treated to the following standard:
  
  - Total Residual Chlorine <0.1 parts per million, Suspended Solids < 10 parts per million
  
  - Chlorine levels can be tested using a standard pool testing kit. Specialist advice can also be obtained from a pool maintenance contractor
  
  - All plumbing works must be undertaken by a registered plumber who must provide you with a Victorian Building Authority Certificate of Compliance for any works undertaken.
  
  

More information

South East Water
Victorian Building Authority

The Victorian Building Authority (VBA)has defined a relocatable swimming pool or spa as: "Any swimming pool or spa that is capable of being relocated". 

Relocatable pools do not consist of multiple components and do not require any assembly. An example of such a product is a small inflatable pool that requires no assembly other than inflation.

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 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. 

Council will be tasked to ensure all affected property Owners comply with the new regulations and penalties will 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.

Safety barriers will need to be inspected and certified by a registered building practitioner.

The building practitioner will assess compliance against the relevant standard. Standards vary according to the date your pool or spa was constructed. The construction date also determines the date by which the barriers must be inspected and certified.

• Pools/spas built pre 1994 1 June 2022
• Pools/spas built up to 2010 1 June 2023
• Pools/spas built post 2010 1 June 2024

Once you have received certification from your building practitioner, you need to provide a copy of the certification to the Shire by the relevant date.

You can do that by lodging a certificate of compliance.

Lodge a Certificate of Compliance

Any building surveyor or building 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 doesn't provide a reference list of these due to the frequency of changes.