Swimming Pools, Spas, Safety Barriers and Registration Requirements

You are required by law to have a safety barrier installed around any body of water that is primarily used for swimming, wading, paddling.

This applies to:

• indoor and outdoor pools and spas (in-ground and above ground)
• inflatable pools
• children’s paddling and wading pools
• portable spas, jacuzzis, hot tubs and swim spas.

Your safety barrier must comply with the requirements of the Building Regulations 2018.

Safety laws for pool/spa owners

Laws to improve pool and spa safety came into effect on 1 December 2019.

The laws require property owners, including landlords, to:

• register pools and/or spas that are deeper than 300mm (30cm) with Council
• complete inspections and lodge Certificates of Compliance with Council every four years.
    

Timeframes

• Existing pools and spas must be registered by 1 November 2020.
• New swimming pools and spas constructed after 1 November 2020 must be registered within 30 days of receiving the relevant Occupancy Permit or Certificate of Final Inspection.
• Any relocatable (moveable or portable) pools and spas if they are erected for three or more consecutive days.
• 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.
    

Barrier Inspections

To help you prepare for the mandatory registration of pools and spas, please review the checklists provided by the Victorian Building Authority.

• Checklist 1 (for pools and spas installed before 8 April 1991)
• Checklist 2 (for pools and spas installed between 8 April 1991 and 30 April 2010)
• Checklist 3 (for pools and spas installed from 1 May 2010) 

Once your swimming pool or spa has been registered, you need to arrange an inspection of the safety barrier to determine if the barrier is compliant with the applicable barrier standard.

An inspection of your pool or spa barrier can only be carried out by:

• a registered building surveyor
• a registered building inspector

Pool owners should check the credentials of anyone they engage for this work through the Register on the Victorian Building Authority Website.

Melton City Council is not conducting pool and spa inspections or certifications. Council is not affiliated with any providers of this service and does not endorse or support any providers of this service. 

Lodging a Certificate of Compliance (Form 23)

If the Surveyor/Inspector is satisfied that the safety barrier is compliant with the applicable barrier standard:

1. They will issue a Certificate of Pool and Spa Barrier Compliance and provide a copy to the owner. 
2. The owner, or their agent must provide a copy of the certificate to Council.
3. Council will record details of the certificate on the register. 
     

The Certificate of Compliance (Form 23) must contain the following information:

• Building Practitioners registration details
• Property details
• Date of construction
• Date of inspection 
• Type of swimming pool/spa
• Type of works (if any) that were required to bring the barrier to the applicable barrier standards.

A fee of $21.90 is payable on lodgement of Certification of Pool and Spa Compliance. 

Please note: It is a Statutory Requirement that Certificates of Pool and Spa Barrier Compliance (Form 23) must be lodged with Council within 30 days of the date of issue.

If the form is lodged after 30 days, Melton City Council cannot accept the Certificate under Regulation 147V.

If the certificate is more than 30 days old, it is the responsibility of the land owner to obtain a new certificate. 

Non-compliance certificate 
Please note: a pool inspector can issue a non-compliance certificate in the event of serious safety issues or if repairs have not been made following an inspection.
Learn more about inspection and certificates.

Lodge Compliance certificate (Form 23)

Residents and building practitioners can upload their compliance certificate online using the Sign In or Create an Account buttons below.  Building practitioners can also upload non-compliance certificates online. 

Sign In or Create an Account to complete your registration.

       

All new swimming pools and spas constructed after 01/11/2020 with a Mandatory Building Permit issued must still register their Pool/Spa and lodge the Certificate of Barrier Compliance (Form 23).

This must be done collectively within 30 days of the Final Certificate and Certificate of Barrier Compliance (Form 23) being issued.

If you have previously registered a pool or spa on your property, Council may still have you on the register.  If there is no pool or spa on your property you will need to advise Council.

How to apply

(Please note only the owner of the property can apply to register a swimming pool/spa. If you are a tenant and unsure if your pool or spa is registered with Council please contact your property manager directly).

To apply to register your swimming pool or spa you will need:

• The property address - where the swimming pool or spa is located
• Your contact details
• An estimation of the date the swimming pool or spa was constructed/erected. (if the age of your pool/spa cannot be verified, the current safety standard will be applied)
• Your credit card details (to pay the registration fee)

Register

Sign In or Create an Account to complete your registration.

       

If you have more than one pool and/or spa within the same barrier, they can be registered under a single application, incurring one registration fee and information search.

If the pools and/or spas are enclosed separately, they must be registered under separate applications and will incur two (or more) sets of fees and require compliance certifications for each barrier.

If you no longer wish to use your pool or spa, and would like it removed from Council’s Swimming Pool and Spa Register, you will need to formally decommission it.

What constitutes decommissioning?

To decommission your pool or spa, you need to remove aspects that make the structure a swimming pool or spa, such as:

• complete removal of the pool or spa
• remove its ability to contain more than 300mm of water and;
• remove its access, such as access ladders and;
• remove any filtration system.

Pools located less than the depth away from boundaries may require a building permit prior to removal.

An inspection may be required to verify the pool or spa has been decommissioned or removed.

What happens if I don't register?

If you do not register your pool or spa within the required period you may face an on-the-spot fine of approximately $385.00 or a penalty of up to $1,995.00. If Council becomes aware of the pool or spa on your property, we 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).

What happens after I submit my application?

Once your application to register your swimming pool or spa has been received and processed, our Building Services Team will assess the information provided in your application and inform you in writing (via post or email) that the swimming pool or spa has been registered, including details of the following:

• The new regulations and applicable barrier standard(s);
• The owner’s appeal rights under reg 144(2); and
• The dates by which you must engage a certified swimming pool and spa inspector to inspect and certify the compliance of your safety barrier and lodge certificate of compliance with council.
    

What if I can't apply online?

If you are not able to apply online:

• Visit one of our customer service centres and apply in person
• Phone: 9747 7200 and apply over the telephone.