building & development
Pool and Spa Barriers
building & development
Pool and Spa Barriers
Pool and spa owners are required to register pools or spas with Council.
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New laws have been introduced to keep young children safe.

Since 2000, 27 young children have drowned in private swimming pools and spas. In at least 20 of those cases, the non-compliance of the safety barrier was a contributing factor.

Pool and spa owners have been required to register pools or spas with Council by 1 November 2020. This applies to both permanent and relocatable pools and spas.

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Mandatory Registration

It is compulsory to register your pool or spa with Council by submitting the registration form and paying the fee.

Your application needs supporting information. This is either a copy of the building permit, Final Inspection Certificate issued by a private building surveyor or correspondence from Council's building inspector after 2016.

If you supply these documents, the application fee is $32.85.

If you don't have these documents, the fee is $79.

  1. Your application will be assessed and we will tell you the inspection and certification timelines that apply to your pool or spa. Like the safety standards, different timelines apply based on the date your pool or spa was built.
  2. Certification: Get your safety barrier inspected and certified by a registered building surveyor or inspector. Please don’t leave it to last month as private inspectors will be busy.
  3. Lodge your certificate with us.
  4. Renew your certificate every four years to show that your barrier continues to meets legal requirements.
  5. We will ensure  property owners comply with the new legal requirements. Penalties apply for non-compliance.

Ongoing pool and spa barrier inspections and certifications

Under Victorian Government law, barriers need to be certified as compliant. Dates vary depending on when your pool or spa was installed as follows:

  • before 1994, the first inspection/certification is required to have been carried out by 1 November 2021
  • between 1995 to 2010, the first inspection/certification is required to have been carried out by 1 November 2022
  • after 2010, the first inspection/certification is required by 1 November 2023.

Barrier inspectors/certifiers

Below is a list of local Private Building Inspection companies that will be able to arrange inspection of your pool or spa and issue the Certificate of Barrier Compliance (Form 23).

• East Gippsland Building Permits – (03) 5153 0199

• East Gippy Building Inspections– 0409 069 040

• B4 U Build Building Consultants – (03) 5176 5688

• Watershed Building Consultants – (03) 5176 588

• Smart Choice Building Permits– 0400 138 778

Note: Council does not inspect your barrier. You must pay a private qualified inspector.

A list of private certifiers is also available on the Victorian Building Authority website or contact us on 5153 9500.

Certificate of Barrier Compliance Information - Q&A

When and how do I get my Certificate of Barrier Compliance (CBC, Form 23)?

Once you have received your letter from Council advising of the due date for your Certificate of Barrier Compliance and the appropriate barrier standard specific to your pool or spa, please contact a qualified and registered inspector to arrange the inspection.

The Certificate of Barrier Compliance (Form 23) is obtained by engaging a registered Private Building Inspector to check your pool/spa barrier for compliance.

Note: Council does not provide this service.

Who can I get to inspect my barrier?

Please see the list Barrier inspectors/certifiers above.

When you have registered your pool or spa with Council, please refer to your acknowledgement letter for:

  • Your applicable barrier standard.
  • The due date for your Certificate of Barrier Compliance.

How much does a Certificate of Barrier Compliance (Form 23) cost?

The fee is not set by Council. There is no set fee for the inspection and certification.

You will need to discuss this with your Private Building Inspector.

What do I do when I get my Certificate of Barrier Compliance (Form 23)?

Once your pool/spa is inspected and you receive the Certificate of Barrier Compliance (Form 23), you must lodge the certificate with Council within 30 days of the issue date.

Failure to do so may result in the certificate being invalid, causing you to pay to get a replacement certificate.

The certificate needs to be lodged along with a Pool or Spa Certificate of Barrier Compliance Form.

You must also pay a State Government lodgment fee of $21.10 to lodge the certificate with Council.

Paying your Certificate of Barrier Compliance fee

You can pay at one of our Customer Service Centres. If you prefer to pay by credit card over the phone, please contact one of our Customer Service Centres, or note on your lodgement form that you would like to be contacted by us to complete the payment.

Refer to the information on the lodgement form for the location of our Customer Service Centres.

Options for submitting forms:

Mail – PO Box 1618 Bairnsdale, VIC 3875

Fax – 03 5153 9576

E-mail – feedback@egipps.vic.gov.au

In person visit a Customer Service Centre

Where can I get more information?

The Victorian Building Authority (VBA) has more information about the introduction by the State Government of the register. www.vba.vic.gov.au/consumers/swimming-pools

Pool and Spa Safety Barriers

The 2011 National Drowning Report shows that 43 per cent of all drowning deaths among children between 0-4 years old occurred in swimming pools. Regulation compliant barriers are essential for all swimming pools. Barriers prevent young children from entering the swimming pool unsupervised.

From May 2011, changes to Australian Standards requires all pool/spa barriers to be separate from the house and boundary fencing. All pool owners are to ensure their barriers are correctly maintained.

Things you need to know when planning or own a swimming pool or spa:

  • All swimming pools and spas capable of holding more than 300mm of water, must have a safety barrier. (This includes inflatable or portable pools)
  • A building permit must be obtained for a safety barrier from a private building surveyor.
  • Engage a registered building practitioner to carry out the building work if the value of works exceeds $5,000 (including labour and materials)
  • Pools must not be filled with water until the relevant building surveyor has certified that the barrier complies with the building code.
  • Pools and spas must have self closing and latching gates that swing away from the pool area.
  • Access from the dwelling is not permitted directly into the pool area via external doors
  • Maintain the barrier and ensure that gates are regularly checked and maintained to ensure that they self close and latch.
  • Maintain the no climb zone; keep plant pots ornaments, furniture or other climbable objects well away from both the inside and outside of the barrier.

Decommissioning and de-registering your Pool or Spa

This is a step-by-step guide to explain what you need to do to :

  • Decommission your pool or spa
  • De-register your pool or spa

I want to decommission or remove my pool or spa. What do I need to do?

You must fill in and sign a Pool or Spa Deregistration Form. We can supply a printed form to you if you prefer.

There is no fee to be paid for removal or decommissioning of your pool or spa, and there is also no refund available of any previous fees paid to Council for a registration.

You will have to satisfy Council that the pool or spa has been decommissioned or removed. This may require a Council inspection that will be organised at a mutually convenient time.

Once a pool or spa is proven to be decommissioned or removed, Council will then remove the pool or spa from the register and notify the property owner in writing.

Council needs to be satisfied that decommissioned swimming pools/spas are not capable of holding more than 300mm of water before removing them from the register.

How do I decommission my pool or spa?

Council must consider what method of decommissioning of the pool or spa they would expect an owner to demonstrate, such as:

Above-ground swimming pool - Complete dismantling of above ground pools, or at least the removal of the pool liner, access ladder and filtration system and ensure the remaining components cannot hold water to a depth of more than 300mm.

In-ground pools or spas - Can either be left in place, modified and buried or made incapable of holding water to a depth of more than 300mm.

Instructions should be obtained from Council when decommissioning in-ground swimming pools. If the in-ground pool/spa is not completely removed, it can be problematic if any future construction and development work will occur later on the property.

Where can I get more information?

The Victorian Building Authority (VBA) has more information about the introduction of the register by the State Government.

www.vba.vic.gov.au/consumers/swimmingpools

When do I need to do this?

Your de-registration form must be received by Council within 14 days of us contacting you.

For further information please Contact Us.

Swimming Pool and Spa Registration Q&A

Here are some answers to frequently asked questions about pool and spa registration.

Why do I need to register my pool/spa?

On 1 December 2019, the State Government introduced new building regulations which were designed to improve swimming pool and spa safety.

The changes to the Building Regulations require by law, that all owners of existing swimming pools and spas need to register their swimming pool or spa with their local Council before 1 November 2020. As this date has passed, please register your pool as soon as possible.

Why was I not contacted by Council before now and why have I received a letter?

During the period of December 2019 to November 2020 the State Government did an extensive media campaign on radio, TV and social media, to alert owners of existing pools or spas about the new registration requirements.

Since then we have received numerous registration applications.

We have sent out reminders to all who have not yet registered, requesting them to do so as soon as possible, as State Government penalties of almost $400 can be applied to those who have not registered.

I remember someone from Council checking my pool/spa a few years ago.

Council did proactive pool barrier inspections from 2016 to November 2019.

These were a free educational and informative inspection. Council stopped these inspections when the State Government changed the law 1 December 2019.

Council inspections were not part of the new pool registration/certification requirements, and your pool or spa did not became automatically

registered.

State Government laws require the owner to register, even if the owner believes that the Council has information about their pool or spa from previous permits or inspections.

How do I register my pool/spa?

The Pool and Spa Registration Application Form (Form 22) has been included with this information sheet. Please complete the registration form and pay the associated fee at any Council Service Centre as soon as possible.

Fees

The fee for pools/spas installed before 1 November 2020, is a one-off registration fee of $79.

This fee is set by the State Government.

Paying your registration fee

You can pay by cash, EFTPOS or credit card at one of our Customer Service Centres. If you prefer to pay by credit card over the phone, please request this on your registration form and a Customer Service Officer will contact you.

What happens next?

Once we receive the completed registration form and the fee is paid, the listed owner will be contacted by us in writing. You will be advised which barrier standard applies to your pool or spa.

There are more than five different pool/spa barrier standards, depending on the date of installation.

You will also be advised when the first Certificate of Barrier Compliance (CBC) is required - this is called the due date.

When and how do I get my Certificate of Barrier Compliance (CBC, Form 23)?

Once you have received your letter from Council advising of the due date for your CBC and the appropriate barrier standard specific to your pool or spa, please contact a qualified and registered inspector to arrange the inspection.

The Certificate of Barrier Compliance (Form 23) is obtained by engaging a registered Private Building Inspector to check your pool/spa barrier for compliance.

Note: Council does not provide this service.

The state-wide pool and spa safety initiative launched by the Victorian State Government in 2019 requires all pools and spas to be registered with your local Council.

If you have not already registered your pool and/or spa, please do it as soon as possible.

Need more information?

For more information about the new State Government legislation, please visit the Victorian Building Authority Swimming Pools and Spas page.

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