Skip to Content

Swimming Pools

It is the responsibility of the property owner to ensure that all pools and spas are correctly fenced and secured according to the Building Interim Regulations 2017.  It is necessary to check that the barriers around that area are sufficient to restrict access by children under the age of 5 years.

Is a permit required?

A swimming pool is any excavation or structure capable of containing a depth of more that 300mm of water and is used primarily for swimming, wading, paddling or similar. This includes wading pools, spas, above-ground and indoor pools.

For all swimming pools and spas the barrier/safety fence requires a permit regardless of the cost of works.

Children's paddling pools (less than 300mm in height) or domestic spas where the water is emptied after each use are not considered pools.

Pools and spas built prior to 8 April 1991 must comply with the pool safety requirements listed in Building Regulations 703, 704, & 705. It is the responsibility of the owner to ensure that these safety requirements are implemented.


Applying for a building permit 

If a building permit is required, go to the building permits section to download the application form and for instructions on how to apply.


Paling fences or similar must contain no holes. Fences must be at least 1.5m high with no horizontal climbable elements (rails) on the outside of the fence.


Access gates to the pool area are required to swing outwards and be fitted with a self-closing and self-locking device at least 1.5m above the ground. 

Where the pool area is inside the house, any access door to the pool area must swing outwards and be fitted with a self-closing and self locking device at least 1.5m above the internal floor level.


Windows that can be opened must be over a specific height to be deemed acceptable.

Windows that can be opened must be either fitted with a catch, bolt or lock located no less than 1.5m above the floor level, or be fitted with a secure mesh screen (complying with AS 1926.1).

Still not sure if you need a permit?  

If you are not sure if you require a permit or have any questions feel free to contact Council.

If a pool area is deemed unsafe, the owner may be required to pay an on-the-spot fine of $289 (Regulation 1705). If the matter is dealt with by the courts, a maximum of $72,180 fine may be issued. Enforcement of the requirements of Regulation Part 7 of the regulations may only be carried out by or on behalf of the Municipal Building Surveyor.

Helpful links

KidSafe Victoria water safety audit