On 1 December 2019, the Victorian Government introduced new legislation to improve the safety barriers and fencing around swimming pools and spas. This Legislation now requires all owners of existing and new permanent and/or relocatable swimming pools and spas to register their pool or spa with Council and to ensure they have a compliant safety barrier.
All permanent pools and spas, including relocatable/inflatable wading pools capable of containing water to a depth greater than 30cm (300mm) must be registered. These include all inflatable, above ground, in-ground, indoor and relocatable pools and spas, used for swimming, wading, paddling or the like, including bathing or wading pools or spa pools.
See below for the six-step Pool/Spa Registration Process.
Planning Permit
A Planning Permit allows the undertaking of a particular use or development (subdivision, buildings and works) to proceed on a specific piece of land. Depending on the provisions of the planning scheme affecting an area of land (zones and overlays), a Planning Permit may be required. Some forms of use or development may also be prohibited. It is important, therefore, to check Planning Permit requirements with Council. Please contact the Land Use Planning Department at Council on 1300 366 244.
Building Permits
A Building Permit is required for installing an in-ground pool, however, a Building Permit is always required to install/alter a pool safety barrier.
All swimming pools and spas that can contain water to a depth greater than 30cm (300mm) must comply with the necessary pool safety barrier requirements. While you may not need a building permit to set up/erect a temporary relocatable pool, like a wading pool you do require a permit for the safety barrier.
If a temporary paddling/wading pool is capable of containing 30cm (300mm) of water, generally it will not require a building permit, however, if it is erected for more than three consecutive days it will require a compliant safety barrier.
Wellington Shire Council does not issue Building Permits. Search for a registered building surveyor authorised to issue Building Permits on the Victorian Building Authority website at;
If a pool is to be removed or taken out of use, the pool owner must complete and submit an Application to Decommission/Remove a Swimming Pool or Spa. Council’s Building Department will then be in contact to organise and conduct a site inspection. No Council fees apply to this process.
Several offences are listed under Part 9A of the Building Regulations 2018. In the event of contravention, Council’s Municipal Building Surveyor may serve a building infringement notice on the owner (currently $384).
Please contact Council’s Building Department on 1300 366 244 or email enquiries@wellington.vic.gov.au should you have any further questions regarding pool and spa safety requirements.
See below for the six-step Pool/Spa Registration Process.
A Building Permit for installation of the pool and/or the safety barrier must be obtained from a registered Building Surveyor. Within 30 days of issue of the Certificate of Final Inspection, or Occupancy Permit, and a Form 23 Certificate of Barrier Compliance the owner must register the pool/spa along with lodgement of the Certificate of Barrier Compliance. Upon registration you will need to pay the one-off registration fee of $34.20 plus the Certificate lodgement fee of $21.90.
A swimming pool or spa installed prior to 1 November 2020 must be registered and will incur a one-off fee of $34.20. A search fee of $50.70 will also apply if the pool owner is unable to supply supporting documents such as the Building Permit confirming the installation date.
Please attach any copies of occupancy permits/certificates of final inspections or any other supportive documentation, to the application.
If the construction date of a swimming pool/spa cannot be verified, the current safety standard will be applied.
Swimming pools and spas remain registered until they are removed from the register by submitting a decommission/removal form.
A relocatable swimming pool or spa (inflatable or wading) must be registered if it is erected for three or more consecutive days and is capable of containing water to a depth greater than 30cm (300mm). Relocatable swimming pool or spas will incur a registration fee of $34.20. It can only be erected once. Contact Council to discuss registration and barrier requirements.
Register online:
Register by using a printable form:
Or
In person:
By phone:
By mail:
You can request a printable application form be sent to you by contacting Council’s Customer Service team on the number above.
Upon registration of a pool/spa a registration confirmation letter will be sent out by Council within 10 business days confirming the following:
To ascertain whether a barrier has met the applicable standards, the Victorian Building Authority has self-assessment checklists available through its website. Council encourages you to use these checklists to self-assess and maintain the barrier and safety of your swimming pool and spa. Council will notify you which barrier rules apply in Step 2 so you will know which checklist applies to your swimming pool/spa.
The property owner can either engage Council or a registered building surveyor or inspector to undertake an inspection and issue a Certificate of Barrier Compliance.
The Certificate of Barrier Compliance must be lodged with Council within 30 days of issuing. If you are issued with a Certificate of Barrier Compliance by Council, this will automatically be lodged by Council. If you engage a private building surveyor/inspector to inspect and provide the certificate, it is the property owner’s responsibility to lodge the certificate with Council within 30 days of issuing and pay a lodgement fee of $21.90.
Council’s fee to provide this service is $370 and will include two inspections and the lodgement of the Certificate of Barrier Compliance.
Please note that engaging Council to provide this service does not guarantee the issue of a Certificate of Barrier Compliance. Should the barrier not be brought into compliance in a reasonable timeframe then Council’s Inspector will be obliged to issue a Certificate of Barrier Non-Compliance, as would any private registered building practitioner.
Alternatively, you can search for a private registered building practitioner authorised to carry out inspections and certification on the Victorian Building Authority website – Find a practitioner.
Or
In person:
By phone:
By mail:
You can request a printable application form be sent to you by contacting Council’s Customer Service team on the number above.
If the property owner has engaged Council to inspect and provide the Certificate of Barrier Compliance, Council will lodge the certificate on behalf of the owner and the lodgement fee is included in the Council inspection fee you paid.
If you have engaged a private building surveyor/inspector to inspect and issue a Certificate of Barrier Compliance, you have 30 days from the date of issue to lodge the certificate with Council and pay the relevant lodgement fee of $21.90.
Lodge Compliance Certificate for Swimming Pool/Spa
If an inspection finds that a swimming pool/spa is non-compliant and if it is not brought into compliance within 60 days, a building surveyor/inspector will be required to issue and lodge a Form 24 Certificate of Barrier Non-Compliance with Council.
Once a non-compliance certificate has been lodged, Council will provide written notice to the property owner requesting payment of the applicable statutory fee (currently $413.40).
Council’s Municipal Building Surveyor will then undertake compliance action with the owner to bring the barrier into compliance.
Upon lodgement of a Certificate of Barrier Compliance, Council will write to you to confirm the following:
Under the new regulations, property owners are required to obtain a Certificate of Barrier Compliance every four years and lodge it with Council.
It is the property owner’s responsibility to ensure that their swimming pool/spa is maintained. Council will send out a reminder notice prior to a pool/spa recertification date.