Swimming pool and spa compliance

Step 1.Register a new pool/spa

All new pools and spas must be registered. 

Find out more about registration on the Victorian Building Authority (VBA) website.

If your pool was built after 1 November 2020 and the construction is complete, you must register and also provide a Form 23 – Certificate of Pool and Spa Barrier Compliance, which will be issued by your Private Building Surveyor.

It costs $57.65 to lodge your registration and compliance certificate.

Register your pool or spa & submit a compliance certificate

Pools/Spas built before 1 November 2020

If your pool was built before the 1 November 2020, you must register your pool/spa. Please contact the Planning Team on 9581 4130 and we will provide you a form to register.

Once you register the pool, we will send an email to let you know when you must lodge your first compliance certificate.

Step 2.Inspect and repair

Arrange an inspection of the safety barrier by a Pool Inspector/Private Building Surveyor. This can be done by a registered building surveyor, building inspector or a builder registered for inspections. We suggest you get at least two quotes.

Read more about inspection and compliance on the VBA website.

What to do before a pool inspection?

Use the appropriate checklist from the VBA once you’re given the relevant construction date and barrier standard from Kingston Council as part of your registration paperwork. 

What do you do after the inspection?

After inspecting the pool or spa safety barrier, the inspector will either:

1. Issue you with a Form 23 certificate of safety barrier compliance, or

2. If the barrier does not meet the barrier standard, the inspector will:

• issue a written notice of repairs needed (they will re-inspect within 60 days), or

• issue an immediate Form 24 certificate of safety barrier non-compliance if the barrier is a safety risk, or unlikely to be repaired within 60 days.

How to make repairs or changes?

We recommend you get at least two quotes from reliable private contractors to do the repairs. Also note that some Pool Inspectors/Private Building Surveyors are able and allowed make some minor barrier alterations for you.

Step 3.Lodge your compliance certificate

Your registered building inspector will provide you with a Form 23 certificate of barrier compliance. 

It costs $22.55 to lodge your compliance certificate.

When to lodge your compliance certificate?

It depends when your barrier was built. Your certificate is only valid for 30 days, so lodge it as soon as you receive it. You can be fined for not lodging it by the due date.

Pools and spas built 30 June 1994 or earlier

Lodge compliance certificate by 1 June 2022

Pools and spas built from 1 July 1994 until 30 April 2010

Lodge compliance certificate by 1 June 2023

Pools and spas built from 1 May 2010 until 31 October 2020

Lodge compliance certificate by 1 June 2024

Pools and spas built after 1 November 2020

Lodge compliance certificate within 30 days of occupancy permit/final inspection certificate to avoid possible future fines.

Submit a compliance certificate only

How to lodge a non-compliance certificate?

A pool inspector issues a Form 24 certificate of safety barrier non-compliance if there’s a serious safety issue or repairs have not been made after a re-inspection. The pool inspector must lodge the Form 24 certificate of safety barrier non-compliance with us.

The fee for a non-compliance barrier is $424.60.

Submit a non-compliance certificate

Step 4.Update

You must update your certificate of registration every four years. You don’t need to re-register, but you’ll need another Form 23 certificate of safety barrier inspection to make sure it still meets our standards. Once you get your new Form 23 certificate of safety barrier compliance, you can lodge it online with us within 30 days of it being issued.

Step 1.Decommission your pool or spa

Use one of the below options to remove your pool or spa.

Remove your inground pool or spa 

• A demolition/removal permit to demolish, remove or decommission the pool/spa is needed as it may cause problems to other properties and buildings.
• A building surveyor is required to assess the application for minimum requirements set out by the VBA. 
• Once it has been removed, the site will need to be back-filled with the right soil and compacted in layers (as instructed by an engineer). This should form part of your demolition or removal permit.

Bury your inground pool or spa

We recommend getting advice from an engineer to find out what material you should fill your pool with from a drainage and hydrostatic perspective. Inground or permanent swimming pools/spas can cause problems for future construction on the site. Note: Fibreglass pools can pop out of the ground due to differential pressures.

Relocatable or above ground pools

Above ground and relocatable pools must be completely dismantled, removed and inspected by Council before we can take them off the register.

Relocatable and above ground spas

Above ground spas must be completely removed or have four to six x 50mm diameter holes drilled in the bottom of the spa.

Step 2.Remove your pool or spa from the register

To remove a pool or spa from the register, you need to prove that the pool or spa no longer exists. We will need to inspect your property to confirm.

We will then remove your pool or spa from the register and let you know. You will no longer need to lodge a Form 23 certificate of pool and spa safety barrier compliance.

The demolition/removal permit process will incorporate the following:

• Cut at least two holes at least 500 mm x 500 mm in the deep end of the pool/spa (or as determined by an engineer taking site conditions into account)
• Remove debris from cut outs
• Remove filtration system and access ladders
• Fill the pool excavation with appropriate back-fill material compacted in layers with a maximum depth of 300 mm (or as determined by an engineer taking site conditions into account)

Consideration can also be given to cutting down the side walls.