Changes to the Building Amendment (Swimming Pool and Spa) Regulations 2019
The Building Amendment (Swimming Pool and Spa) Regulations 2019 (“the Regulation”) commenced on 1 December 2019 and added mandatory requirements for landowners who have a swimming pool or spa.
A ‘swimming pool’ refers to any excavation or structure that is capable of holding more than 300mm of water and is principally used for swimming. This includes spas, permanent pools, hot tubs and some relocatable pools.
You must register your pool or spa with the local Council using the prescribed registration form found on the relevant Council’s website. You will be required to complete the registration form and pay the registration fee of approximately $31.84.
Local councils will establish and maintain a register and their websites will contain details on how to register a pool or spa.
Once a pool is registered a Certificate of Pool and Spa Barrier Compliance is required to be lodged as evidence that an inspector has viewed the barrier and found it to be compliant with the Regulations.
Compliance certificates will need to be lodged every 4 years.
If your barrier does not comply with the applicable standard, you will receive notice from the Council that the barrier must be brought into compliance. You will have up to 60 days to bring your pool into compliance and if no progress has been made during that time, a Certificate of Non-Compliance will be issued.
A Certificate of Non-Compliance may be issued for reasons such as a barrier poses a significant or immediate risk to life or safety, a gate or door is unable to be completely closed and a barrier is less than 1000mm in height.
Swimming pools constructed before 1 June 2020 will need to be registered by 1 June 2020 or 30 days after the date the Occupancy Permit is issued. Swimming pools constructed on or after 1 June 2020 will have 30 days from the date the Occupancy Permit to register.
After 4 June 2020 relocatable (inflatable) pools that are erected for 3 or more consecutive days must be registered on the 4th day after the relocatable pool was erected.
You may seek an extension of the time in which to lodge a compliance certificate, but the Council is only able to grant an extension for up to 6 months.
The penalty for failing to register a pool or spa within the relevant timeframe will be up to $1,652.20.
For further information or advice, please contact:
Vittoria De Stefano
Principal Lawyer
T: 03 5226 8520
E: vdestefano@ha.legal
Jamie McCallum
Senior Associate
T: 03 5226 8563
E: jmccallum@ha.legal
Joseph Flanagan
Lawyer
T: 03 5226 8504
E: jflanagan@ha.legal
