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Residential Swimming Pools and Spas

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This page provides information on building, maintaining, decommissioning and removing residential swimming pools and spas, as well as safety barriers and fences. Find out about the rules and legislation for swimming pools and spas, fencing requirements, safety and what you need to do to be compliant.

Regulations for Swimming Pool and Spa Safety Barriers

Under the Building Regulations 2012 (WA), all private swimming pools and spas that contain water more than 300mm deep must have a compliant barrier or fence installed to restrict young children from accessing the area.

Owners and occupiers are responsible for ensuring any barrier or fence is maintained and operating effectively. If you do not comply with the regulations you are risking the lives of young children and may face substantial fines.

The infringement penalty for non-compliant enclosures of private swimming pools and spas is $1,000, in accordance with the Building Regulations 2012.

For detailed information on the requirements for swimming pool and spa safety barriers/fences, refer to the Department or Mines, Industry Regulation and Safety rules for pools and spas. They have also produced an easy-to-understand pool safety check list.

Building Regulation Amendments (September 2023)
The National Construction Code 2022 edition (NCC 2022) was adopted on 1 May 2023, with the exception of the energy efficiency, condensation management and liveable housing provisions, which take effect from 1 October 2023. The majority of the provisions in the Amending Regulations will commence operation on this same day. The Amending Regulations amend the Building Regulations 2012 (WA) (Building Regulations) to:

• extend the transitional arrangements in WA for the energy efficiency and condensation management provisions in NCC 2022 until 1 May 2025;
• dis-apply (until further notice) the NCC 2022 liveable (accessible) housing provisions and the separate NatHERS heating and cooling load limits; and
• make several minor administrative amendments.

The extended transitional arrangements and dis-application of these particular provisions will apply to both NCC 2022 Volumes One and Two

For more information, please visit the following Industry Bulletins:
Industry Bulletin 156 for Building Amendment Regulations (No. 2) 2023: NCC 2022 transitional provisions in Western Australia (WA)
Industry Bulletin 147 for Western Australian State Variation NCC 2022 Buildings in wind Regions B and D

Compliance Inspections for Swimming Pool or Spa Safety Barriers

To schedule your inspection with a City of Melville Swimming Pool Inspector, you can either:

Book Your Inspection Now Online

Get in touch with out Contact our Customer Relations Team via web chat or phone during business hours.

We operate a swimming pool compliance program to ensure all swimming pool and spa barriers and fences meet the Building Regulations 2012 and Australian Standards, and we will inspect your pool or spa at least once every four years.

We send out reminder letters every four years, when your swimming pool or spa safety barrier is due for an inspection. It’s important you book an inspection with one of our swimming pool inspectors within seven days of receiving the reminder letter.

If our swimming pool inspector finds the swimming pool or spa barrier does not meet regulations or standards, we will work with you to ensure the barrier is modified or improved to be compliant with regulations and standards.

Swimming Pool or Spa Compliance Inspection Fees

Important Update – From 1 July 2024 the pool inspection fee of $312.00 will apply. This is to cover costs for the City to carry out the initial inspection and assessment of newly installed swimming pool barriers and inclusive of any required re-inspections.

A Building Permit is no longer required for the installation of pool barrier, as of 21 June 2024. As there is no Building Permit required, the City will be carrying out our due diligence for safety of a new installed pool safety barrier. This will involve review by a City Building Surveyor, obtaining technical documents and may involve a number of site inspections to confirm compliance.

  • Annual Inspection Fee - $63.00

Lodging a Planning/Development or Building Application for a Swimming Pool, Spa and Safety Barrier

Depending on your swimming pool, spa and fencing design, you may need to apply for planning/development approval. Before you begin constructing a swimming pool, spa and safety barrier, you will also need to obtain a building permit and pay a verge bond. 

You can lodge and track most building and planning/development applications online, however some applications must be submitted in-person at our Civic Centre.

Lodge and Track a Building and Planning Application

The following guide provides more information about what to include in your application:

Planning/Development Approvals

Planning/development approval is not required for residential swimming pools unless the property is listed on the Heritage List.

You may need planning/development approval if your safety barrier adjoins a street boundary or is located in the front or secondary street setback area (a front fence). More information about standards for front fences and when planning/development approval is required is on our Building a Fence or Retaining Walls page.

Timeframes

We aim to process applications within the following guidelines:

  • Where we don’t need to consult with neighbours or external agencies: 60 days.
  • Where we need to consult with neighbours or external agencies: 90 days.

These timelines may sometimes be extended in consultation with the applicant.

Fees and Charges
Planning/development application fees are calculated based on the contract value of the project and are listed on the Planning Fees Schedule. The fee for projects with a contract value less than $50,000 is $147.

Building Permit Applications

You will need a building permit before you can begin building a swimming pool, spa or safety barrier and fence.

Information from the Department of Mines, Industry Regulation and Safety for Building Permits for Swimming Pools, Spas, and Their Associated Fences.

Timeframes

We process all certified applications (BA1 forms) within 10 working days, and all uncertified applications (BA2 forms) within 25 working days.

You should apply for a certified application (BA1) when you have had the plans, specifications and technical documents assessed by a registered private building surveyor and have been issued a Certificate of Design Compliance (BA3). You should apply for an uncertified application (BA2) when your plans, specifications and technical documents have not been assessed by a private building surveyor and they will need to be assessed by our building surveyors.

If we need further information to assess your application, you will have up to 21 calendar days to provide any outstanding information. We then have balance of the remaining 10 working days to provide a determination.

If you do not provide the outstanding information within the 21 days, we may refuse your application.

Fees and Charges

The building permit fee for a swimming pool, spa and safety barrier with a contract value less than $20,000 is $171.65. If the value of the contract is more than $20,000, the building permit fees will be calculated at the following percentages of the total contract price:

  • Application Fee – 0.19% 
  • Building Service Levy  - 0.137%

You will also need to pay a verge bond fee and potentially the CTF Levy. See all our building permit fees in our Building Permit Fee Schedule. 

Verge Bond Fees

For building projects over $20,000, you will also need to pay a verge bond. A verge bond is held by us to ensure that any damage caused to City verge infrastructure during construction works is rectified to pre-works condition.

  • Verge Bond - $1,900.00
  • Verge Bond Inspection Fee (non-refundable) - $100

To find out more and apply, visit our Verge Bonds and Refunds page.

CTF Levy

If your project has a construction value of more than $20,000, you will need to pay the Construction Training Fund (CTF) Levy. The rate of the levy is 0.2% of the total value of construction (inclusive of GST).

You may also need to pay a verge bond fee and the CTF Levy. See all our building permit fees in our Building Permit Fee Schedule.

Ensuring Safe Building Practices

Under occupational safety and health laws, a builder or anyone carrying out the work is required to ensure a suitable pool barrier or fence is in place while the pool or spa is under construction.

Owners and occupiers are also responsible for ensuring that a compliant pool safety barrier is in place if the pool contains water that is more than 300mm deep. Some types of pools need to be filled with water by the pool builder as part of the construction process. They can also be filled by other means including rain and reticulation. It’s important you speak to your builder about how the pool area will be child safe during construction.

Note: Once there is a depth of more than 300mm of water in the pool or spa, you will need to adhere to Australian Standard 1926.1-2012 and have a compliant barrier or fence installed to restrict young children from accessing the area.

Removing or Decommissioning a Swimming Pool or Spa

If you decommission (empty water from the pool or spa) or remove your pool or spa, please notify us:

​One of our swimming pool inspectors must conduct a site visit to confirm the swimming pool or spa has been correctly removed or decommissioned. See our rules for correctly decommissioning swimming pools and spas for more information.

Please note that swimming pool inspection fees still apply until we are formally notified of removal or decommissioning.

Planning/Development and Building Advice for a Swimming Pool, Spa and Safety Barrier

The advice on this page is a general guide only. We encourage you to contact us to discuss your project so we can advise whether planning/development approval is needed. A planning officer and a building officer are available during business hours to provide advice on a range of matters either in person, over the phone, or by email. Depending on the complexity of the advice being sought we may ask you to lodge a request for written planning advice and a $73 fee will apply.

Guiding Documents

Forms and Documents

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The City of Melville acknowledges the Bibbulmun people as the Traditional Owners of the land on which the City stands today and pays its respects to the Whadjuk people, and Elders both past and present.

City of Melville nagolik Bibbulmen Nyungar ally-maga milgebar gardukung naga boordjar-il narnga allidja yugow yeye wer ali kaanya Whadjack Nyungar wer netingar quadja wer burdik.