The Victorian Government is introducing a new mandatory registration scheme requiring all property owners, including landlords, with a pool or spa to register their pool/spa with council. The new laws will provide for:
- A mandatory requirement for pool and spa owners to register their pools and spas with their local council
- Pool and spa owners to have their safety barriers inspected
- Processes for the certification of the safety barrier following inspection
- Dealing with non-compliance
- Fees to register, lodge and notify of non-compliance.
Council will be formulating a register of all domestic pools and spas within the municipality through owner registrations, existing Council records and aerial photography.
Property owners will be required to have their swimming pool and spa barriers inspected by a registered private building surveyor or registered private building inspector. If the barrier is found to be compliant with the applicable requirements, the registered building surveyor/inspector will issue a certificate of compliance to the owner. The owner must then submit a current certificate of compliance for their pool or spa safety barrier to Council. It is anticipated the State Government will introduce a fee to lodge the inspection compliance certificate.
Where a barrier is found to be non-compliant (by your private building surveyor/inspector) with the applicable requirements, the registered building surveyor/inspector will be required to issue a certificate of non-compliance to the owner and will also be required to lodge it with Council. It is anticipated the State Government introduce a fee to lodge the certificate of non-compliance with Council. At this stage, all fees are to be announced when the new regulations are introduced.
Under the legislation, compliance certificates for all swimming pools and spas that are:
- built before 30 June 1994 must be lodged by 1 November 2021; or
- built between 1 July 1994 and 30 April 2010, must be lodged by 1 November 2022; or
- built from 1 May 2010 until 30 October 2020 must be lodged by 1 November 2023.
Inspection compliance certificates are then proposed to be required to be lodged with Council again every four years thereafter.
If you would like to do your own initial safety inspection, please use the Victorian Building Authority (VBA) checklists below:
- Checklist 1 (for pools and spas installed before 8 April 1991) (PDF, 339.48 KB)
- Checklist 2 (for pools and spas installed between 8 April 1991 and 30 April 2010) (PDF, 265.98 KB)
- Checklist 3 (for pools and spas installed from 1 May 2010) (PDF, 589.08 KB)
If you are having any work on an existing safety barrier, a building permit is likely to be required to alter the barrier (other than maintenance – such as maintaining a hinge to ensure operation, etc). Any work to alter an existing barrier will need to comply with the current Regulations.