New laws have been introduced in Victoria to improve swimming pool and spa safety.
It is now mandatory for owners of land where a swimming pool or spa is located, to register their pool or spa with their relevant council.
In addition to the new laws, owners are now required to arrange and lodge a compliance certificate for the safety of their pool or spa barrier every four years.
Different deadlines for registration and barrier compliance certification apply depending on when the pool or spa was built.
Which pools and spas must be registered?
Any swimming pool or spa that can hold water to a depth greater than 30cm and is used, designed, manufactured or adapted to be principally used for swimming, wading, paddling, or spa must be registered with the relevant Council.
- in-ground and above ground pools and spas
- inflatable pools
- indoor pools and spas
- children’s paddling and wading pools
- spas, jacuzzis, hot tubs and swim spas (including portable spas).
Registration time frames
Existing Pools & Spas
Victorian backyard pool and spa owners have until 1 November 2020 to register their existing pool or spa with their local council.
New Pools & Spas
New swimming pools or spas constructed on or after 1 November 2020 must be registered within 30 days of receiving the relevant Occupancy Permit or Certificate of Final Inspection.
The first certificate of barrier compliance must be lodged at the same time as the application for registration.
The next certificate of compliance will be due four years after registration. Owners must check with their council for exact dates.
Once a swimming pool or spa has been registered, the owner needs to arrange an inspection of the safety barrier to determine if the barrier is compliant with the applicable barrier standard.
An inspection of the pool or spa barrier can only be carried out by:
- a registered building surveyor
- a registered building inspector
- a municipal building surveyor
Fines that apply
Hefty fines can apply to those who fail to comply with proper swimming pool or spa registration. Failure to register a swimming pool or spa within the relevant timeframe, and failure to comply with barrier improvement notice by the date specified can incur a fine of up to $1,652.20.
Contracts, permits and insurance
It is important to remember that a swimming pool or spa will almost certainly require a building permit, a written building contract and warranty insurance. Refer to our previous blogs on choosing the right building contract and warranty insurances for more information.
Oldham Construction Lawyers regularly acts for homeowners, vendors and purchasers, in a wide variety of property matters in Victoria and can provide comprehensive and understandable advice including on permits, insurance and contracts for swimming pool.
Please do not hesitate to contact our team for any swimming pool and spa registration advice on (03) 9640 0002, or via email at firstname.lastname@example.org.