Swimming pool and spa compliance

New laws to make swimming pools and spas safer for everyone require that all pools and spas must now be registered with your local Council and a compliance certificate issued for safety barriers and fences.

Register online

Step 1.Register online

All new pools and spas must be registered.

To avoid a records search fee, please include your certificate of final inspection when you register.

Find out more about registration on the Victorian Building Authority (VBA) website.

Once you register your pool, we will send you an email to let you know when you must lodge your first compliance certificate. 

Register your pool or spa online

Step 2.Inspect and repair

Arrange an inspection of the safety barrier by a registered building practitioner. This can be done by a registered building surveyor, building inspector or a builder registered for inspections. We suggest you get at least two quotes.

Read more about inspection and compliance on the VBA website.

What to do before a pool inspection?

Use the appropriate checklist from the VBA once you’re given the relevant construction date and barrier standard from Kingston Council as part of your registration paperwork. 

What do you do after the inspection?

After inspecting the pool or spa safety barrier, the inspector will either:

1. Issue you with a Form 23 certificate of safety barrier compliance, or

2. If the barrier does not meet the barrier standard, the inspector will:

  • issue a written notice of repairs needed (they will re-inspect within 60 days), or
  • issue an immediate Form 24 certificate of safety barrier non-compliance if the barrier is a safety risk, or unlikely to be repaired within 60 days.

How to make repairs or changes?

We recommend you get at least two quotes from reliable private contractors to do the repairs. Also note that some private registered pool inspectors are able and allowed make some minor barrier alterations for you.

Step 3.Lodge your compliance certificate

Your registered building inspector will provide you with a Form 23 certificate of barrier compliance. 

Lodge your compliance certificate online

When to lodge your compliance certificate?

It depends when your barrier was built. Your certificate is only valid for 30 days, so lodge it as soon as you receive it. You can be fined for not lodging it by the due date.

Pools and spa built 30 June 1994 or earlier

Lodge compliance certificate by 1 June 2022

Pools and spa built from 1 July 1994 until 30 April 2010

Lodge compliance certificate by 1 June 2023

Pools and spa built from 1 May 2010 until 31 October 2020

Lodge compliance certificate by 1 June 2024

Pools and spa built after 1 November 2020

Lodge compliance certificate by within 30 days of occupancy permit/final inspection certificate to avoid possible future fines.

How to lodge a non-compliance certificate?

A pool inspector issues a Form 24 certificate of safety barrier non-compliance if there’s a serious safety issue or repairs have not been made after a re-inspection. The pool inspector must lodge the Form 24 certificate of safety barrier non-compliance with us.

Lodge a non-compliance certificate

Step 4.Update

You must update your certificate of registration every four years. You don’t need to re-register, but you’ll need another Form 23 certificate of safety barrier inspection to make sure it still meets our standards. Once you get your new Form 23 certificate of safety barrier compliance, you can lodge it online with us.

Removing a pool or spa

You must let us know if you plan to remove your pool or spa as a demolition/removal permit MAY be required to ensure it is removed safely.

Please contact 1300 653 356 for more information.

Step 1.Decommission your pool or spa

Use one of the below options to remove your pool or spa.

Remove your inground pool or spa 

  • A demolition/removal permit to demolish, remove or decommission the pool/spa is needed as it may cause problems to other properties and buildings.
  • A building surveyor is required to assess the application for minimum requirements set out by the VBA. 
  • Once it has been removed, the site will need to be back-filled with the right soil and compacted in layers (as instructed by an engineer). This should form part of your demolition or removal permit.

Bury your inground pool or spa

We recommend getting advice from an engineer to find out what material you should fill your pool with from a drainage and hydrostatic perspective. Inground or permanent swimming pools/spas can cause problems for future construction on the site. Note: Fibreglass pools can pop out of the ground due to differential pressures.

Relocatable or above ground pools

Above ground and relocatable pools must be completely dismantled, removed and inspected by Council before we can take them off the register.

Relocatable and above ground spas

Above ground spas must be completely removed or have four to six x 50mm diameter holes drilled in the bottom of the spa.

Step 2.Remove your pool or spa from the register

To remove a pool or spa from the register, you need to prove that the pool or spa no longer exists. We will need to inspect your property to confirm.

We will then remove your pool or spa from the register and let you know. You will no longer need to lodge a Form 23 certificate of pool and spa safety barrier compliance.

The demolition/removal permit process will incorporate the following:

  • Cut at least two holes at least 500 mm x 500 mm in the deep end of the pool/spa (or as determined by an engineer taking site conditions into account)
  • Remove debris from cut outs
  • Remove filtration system and access ladders
  • Fill the pool excavation with appropriate back-fill material compacted in layers with a maximum depth of 300 mm (or as determined by an engineer taking site conditions into account)

Consideration can also be given to cutting down the side walls.

The new laws will make swimming pools and spas safer for everyone. All pools and spas must be registered with your local Council.

All swimming pools and spas that hold more than 30cm (12 inches) of water must have a pool safety barrier. This includes inflatable pools, above ground pools, indoor pools, hot tubs, wading pools and relocatable pools. Gates, fences or walls around the pool or spa must be kept in good condition.

If you received a letter asking you to register a pool or spa with us, that’s because a pool or spa was once located on the property. It may have been removed from the site, but we were not told of its removal. It is our duty to make sure all pools and spas are registered. If your pool or spa has been removed, please email us at info@kingston.vic.gov.au. In most cases, we will need to do an inspection.

Yes, you must register your pool or spa even if it doesn’t contain water.

Yes. All pools and spas need to be registered if they remain erected for more than 3 days.

Lodging a Form 24 non-compliance certificate comes with a financial penalty. A pool inspector will lodge a Form 24 non-compliance certificate if there’s a serious safety issue, or repairs have not been made following an inspection or re-inspection.

 

Call us on 1300 653 356 to be sure your pool or spa has been registered and find out when your next Form 23 certificate of safety barrier compliance is due.

Yes. A building permit is required for a swimming pool or spa, including any safety barriers or fencing. You must submit to a private building surveyor a design and site plan with details of the type of barriers you will use. For more information, please visit the VBA.

 

Your landlord is responsible for registering and inspecting the pool or spa. We suggest you check with the owner or property manager to find out if it has been properly registered.

It depends. If your pool and spa are enclosed within a single barrier, you only need to register once. If the pool and spa are separated by individual barriers, then each must be registered under a separate application. Separate Form 23 certificates of safety barrier compliance must be lodged for each barrier.