Frequently Asked Questions

If you are the owner of land on which a pool or spa is located, you must register your pool and spa with the relevant council. Contact the council or check their website for more information on how to register your pool or spa, including the fees payable. You will be required to complete a registration form and pay the registration fee. For pools and spas constructed or commenced before 1 November 2020, an information search fee will also be payable

After registering your pool or spa, the relevit couneil is required to send you written notification confirming that your pool or spa has been registered the date of construction of your pool or spa
and the applicable barrier standard
• your right to appeal to the Building Appeals Board (BAB) in relation to the council’s
determination of the date of construction of the pool or spa
• the date by which the first or next certificate of barrier compliance must be lodged with the
relevant council

After you apply to register your pool or spa, the relevant council will determine the date of
construction of your pool or spa and the applicable barrier standard.
The barrier standard that applied at the date your pool or spa was constructed is the applicable barrier standard for your pool or spa.

After registering your pool or spa, the relevant council is required to send you written notification confirming:

– that your pool or spa has been registered
– the date of construction of your pool or spa and the applicable barrier standard
– your right to appeal to the Building Appeals Board (BAB) in relation to the council’s determination of the date of construction of the pool or spa
– the date by which the first or next certificate of barrier compliance must be lodged with the relevant council.

To determine the date of construction, the council may consider any relevant information, such as the date of any building permit issued in relation to the swimming pool or spa. This may include information provided in the registration application, the council’s records (such as building permit data) or other relevant information obtained by the council, including real estate listings and aerial photography.

The date of construction of a relocatable pool or spa is the day it was most recently erected on your property.

If you disagree with the relevant council’s determination about the date of construction of your pool or spa, you can appeal the decision to the Building Appeals Board (BAB). An appeal must be lodged within 30 days of receiving the council’s determination.
You can contact the BAB on 1300 421 082, at www.buildingappeals.vic.gov.au or at
registry@buildingappeals.vic.gov.au

If you do not register your pool or spa within the required period of time you may face an
on-the-spot fine of approximately $330 or a penalty of up to $1,652.20.
If the council becomes aware of the pool or spa on your property, they will send you a written notice requiring you to register the pool or spa. You will also be required to pay the registration fee and information search fee (if applicable).

A pool or spa remains registered until it is removed from the register

You must advise your council that the registered pool or spa no longer exists or is no longer capable af containing water to a depth of greater than 300 me. You Council must be satisfed this is the case before removing the poo or spa from the register.
Your council will notify you when the pool of spa has been removed from the register

Yes – you are required to register your pool or spa under the new mandatory scheme.

Relocatable (moveable or portable) pools and spas on land that you own must be registered if they are erected for three or more consecutive days.
• If it was erected before 1 November 2020 for at least 3 consecutive days and remains erected on 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.
If your relocatable pool or spa is only in place for a period less than three consecutive days,
there is no need to apply for registration.

All swimming pools and spas that fall within the requirements of the Building Act must have a compliant safety barrier in place. Broadly, these include all permanent pools and spas and most relocatable pools and relocatable spas that are capable of holding a depth of water greater than 300 mm.
Small inflatable pools that do not contain multiple components and do not require any assembly are not subject to the barrier requirements. An example of such a product is a small inflatable
pool that requires no assembly other than inflation.

Yes – it is mandatory for all land-owners in Victoria to apply to register any pool or spa on their property. Of the 27 drownings that have occurred in Victoria since 2000, 12 involved children who were not residents of the property. In one case, the child had entered the pool area without the knowledge of the property owner

When a pool or spa is on common property managed by an owners corporation, the owners corporation is responsible for arranging the registration, inspection and certification of the pool or spa barrier.

No. The owner is responsible for registering the pool or spa with council and arranging for the inspection and certification of the barriers.
However, as an occupier you may inspect the council’s register for information relating to the
pool or spa on the property you are renting, including whether the pool or spa is registered, and whether the barrier has a current compliance certificate.

If the pool you erect is capable of holding water to a depth of water greater than 300 mm (30 cm), it must have a pool barrier installed. If you intend to keep your relocatable pool erected for three consecutive days or longer, you should notify your landlord (or their agent) of this. The landlord (owner of the land) is required to register the relocatable pool with the council on the fourth day. A certificate of barrier compliance must also be lodged by the owner of the land with the relevant council within 30 days of the date of registration.
Note that relocatable pools that do not consist of multiple components and do not require any
assembly are not subject to the barrier requirements. An example of such a product is a small inflatable pool that requires no assembly other than inflation