New state laws were introduced in 2019 to help prevent drowning accidents by making backyard pools and spas safer.
These laws apply to all pools and spas that can hold more than 300mm of water, including:
- in-ground pools
- above-ground pools
- indoor pools
- spas
- relocatable, temporary or inflatable pools and spas that are set up for more than three consecutive days
Each year, around four young children die in home swimming pools or spas in Victoria, and many more experience near-drowning incidents.
Installing a pool or spa
[show_all]
- 1. Obtain a building permit
- You need a building permit before installing a pool or spa.
- This is to make sure it is safe and follows the law.
- When is a permit needed?
- For any pool or spa and its safety fence, unless exempt
- Exempt: Pools/spas that cannot hold water deeper than 30cm
- Above-ground pools/spas
- No permit required for the pool/spa itself
- Permit needed for the safety fence
- If the fence is fixed to the ground or a building, a permit is required.
- In-ground or partly in-ground pools/spas
- Permit needed for both pool/spa and fence
- Penalty: Up to $101,755.00 if you build without a permit
- 2. Register or update your pool or spa details
- All pool and spa owners must register with Council.
- This includes portable pools/spas if they stay up for more than 3 consecutive days.
- If you own a rental property, you must register any pool/spa there.
- Fine: $407.00 if you don’t register
- Pools and spas with separate fences must be registered separately.
- Update details
- If you remove your pool/spa, email poolregistrations@casey.vic.gov.au
- Register or update online
- After registering, Council will let you know:
- Which safety barrier standard applies to your pool/spa
- When to lodge a Certificate of Compliance (Form 23)
- Registration fee: $36.10
- 3. Lodge a Certificate of Compliance
You must have your pool or spa safety barriers inspected regularly by a registered inspector.
- Certificates must be renewed every four years.
Fees (as of July 2025): $23.20 per certificate
Lodge your Certificate of Compliance online
- For pools and spas built after 1 November 2020: Lodge your Certificate of Compliance when you register or within 30 days.
- For pools and spas built before 1 November 2020: Arrange an inspection and lodge your certificate once it meets safety standards.
- 4. Existing barrier compliance
You must have compliant safety barriers in place at all times. Inspect your barriers using the VBA’s self-assessment checklists, which reflect the standards for when your pool or spa was built:
- checklist 1: before 8 April 1991
- checklist 2: between 8 April 1991 and 30 April 2010
- checklist 3: from 1 May 2010
- 5. Remove or decommission your pool or spa
If you remove or decommission your pool or spa, email Council with photos at poolregistrations@casey.vic.gov.au. Council may request an inspection to verify removal.
This information applies if you no longer wish to use your swimming pool or spa and plan to decommission (demolish, dismantle or modify) it so it can be removed from registration requirements. Council must be satisfied that the swimming pool or spa is not capable of holding 300 mm or more of water. The following applications may be considered appropriate for a pool or spa to be deemed decommissioned.
Relocatable pools, above ground pools and spas
- Relocatable pools: complete dismantling of the pool.
- Above ground pools: complete dismantling of the pool (minimum requirement is removal of the liner and filtration equipment).
- Spas: remove from the site completely or drill 4–6 holes (50 mm each) into the floor of the spa.
In-ground swimming pools and spas
- Total removal of an in-ground swimming pool or spa.
Where the pool or spa is within 2 m of a boundary or another building
A building permit to demolish the pool or spa is required, as demolition may affect adjoining properties or buildings.
Where the pool or spa is more than 2 m from a boundary or another building
Once the pool or spa has been removed, the excavation must be backfilled with appropriate soil (as determined by a geotechnical or structural engineer) and compacted in layers with a maximum depth of 300 mm, or as otherwise determined by an engineer.
It is strongly recommended that owners obtain advice from an engineer before removing the pool.
In-ground pools and spas left onsite and buried
In-ground pools can be left onsite and buried or made incapable of holding more than 300 mm of water.
The process can include:
- cutting at least two holes (minimum 500 mm × 500 mm) in the deepest end of the pool, or as determined by an engineer
- removing debris from cutouts, filtration systems and access ladders
- filling the pool with appropriate fill material compacted in layers with a maximum depth of 300 mm, or as determined by an engineer
- cutting down the side walls if required
It is strongly recommended that owners obtain engineering advice before works begin to determine suitable fill material and soil conditions.
Note: Decommissioning in-ground or permanent pools or spas that remain onsite may cause issues for future construction or redevelopment.
Alternate use of swimming pools and spas
The Building Regulations 2018 do not allow a structure capable of holding more than 300 mm of water—designed, used or adapted as a swimming pool—to be exempt from registration by using it for another purpose, such as a fishpond or water tank.
Note: Under Section 160 of the Building Act 1993, an owner may apply for an exemption (modification) through the Building Appeals Board: www.buildingappeals.vic.gov.au
If a modification is granted, email a copy to poolregistrations@casey.vic.gov.au with a written request to remove the pool or spa from Council’s register.
A temporary construction fence at least 1.8 m high, with no openings exceeding 100 mm, may also be required.
The pool or spa must not be refilled, and temporary fencing must not be removed, until a building permit has been issued for a permanent barrier, works have been completed and a Certificate of Final Inspection has been issued.
Recommissioning swimming pools and spas
A building permit must be obtained from a registered private building surveyor before recommissioning and using a swimming pool or spa, including installing required safety barriers and filtration systems.
- 6. Request a copy of pool/spa registration or barrier compliance certificate
You can request a copy of your pool or spa registration or barrier compliance certificate. A fee of $71 applies. Certificates can only be issued to property owners.
More information
For further information about these requirements please visit the Building & Plumbing Commission (BPC) website.