How the new regulations on swimming pools and spas may affect you 

Since 01 December 2019, there are new laws requiring all property owners to erect safety barriers for their pool and spa. Here are some important things you need to know: 

Victorian Building Authority (VBA) requirements 

  1. By 01 November 2020, all pools and spas must be registered with the local council. 
  1. Complete the inspection of the pool barrier by a registered swimming pool inspector. 
  1. Fix any issues reported from the pool inspection. 
  1. Submit a certificate of compliance to the local council by the due date. 

Does my pool or spa require building the barriers? 

For pools and spas with water depth of or more than 30cm, you must build a safety barrier to restrict access to the water area for young children. These pools may be permanent pools, above-ground pools, and relocatable pools. 

For some relocatable pools you are not required to follow the barrier requirements. For example, these can be small inflatable pools that requires no assembly other than inflation and do not consist of multiple components.

Please refer to this link to check if the barrier is required. 

How much does it cost to register my pool/spa?  

  • Registration Fee: $32.31 
  • Lodgement Fee: $20.74 

Please note, the registration fee and the lodgement fee are one-off payments and may differ per local council.  

If you do not register the pool/spa or submit the certificate of compliance by the relevant due date, the local council could charge penalties estimated up to $1820.  

Please refer to this link to check the fees, penalties, and deadlines. 

What if I sell or purchase the property with a pool or spa? 

If you are selling your property with a pool/spa it is not compulsory to disclose whether the it is registered and compliant to the regulations. However, purchasers may require you to provide proof of registration and compliance certificate, with the condition of sale. 

On the other hand, if you are buying a property with a pool or spa, we suggest you ensure the it is registered and safety barriers are compliant before you sign the contract of sale. Otherwise, you may find yourself responsible for regulation costs from the day you sign the contract. 

W Legal Group can help! 

We can help you to prepare the contract of sale and process the contract review before you buy the property. The contract review is included as part of our all-inclusive service and package fees for purchaser, so speak to us about your property purchase and sale needs.  

If you have any questions, do not hesitate to email us at hello@wlegalgroup.com.au or call us on +61 3 9590 618. 

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