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Swimming pool and spa registrations laws
14 Oct 2020

On 1 December 2019, laws to improve pool and spa safety came into effect in Victoria. New registration, inspection and certificate requirements are now imposed on property which has a pool and spa.

The new laws apply to swimming pools and spas that are capable of holding more than 300 mm (30 cm) of water. This includes permanent pools, above ground pools, indoor poos, hot tubs, bathing or wading pools and some relocatable pools.

What are the new requirements?

You will be required to obtain a building permit before installing a pool, spa or safety barrier unless the works are classified as exempt.

Under the Building Amendment (Swimming Pool and Spa) Regulations 2019 all owners are now required to :

a. Register the pool with their local council by 1 November 2020;

b. Organise an inspection of the pool barrier by a registered swimming pool inspector;

c. Rectify any issues identified by the pool inspector; and

d. Submit a certificate of compliance to the local council by the due date.

What are the barrier requirements?

Complaint barriers are now a requirement to restrict access to the pool by young children. This includes the requirement that the safety barrier:

a. Is constructed by a registered builder who has the correct certification;

b. Has a self-latching and self- closing pool gate; and

c. Are complaint with AS1926.1-2012

Property owners are responsible for making sure pool barriers are maintained, repaired and are in working order.

If a pool inspector determines that the safety barrier is non compliant, they can either:

a. Issue a certificate of barrier non-compliance;

b. Issue a written notice specifying: the matter to be addressed to bring the pool barrier to compliance, the period in which the barrier must be compliant (maximum 60 days) and the date and time the intend to conduct a reinspection.

A certificate of barrier non-compliance will be lodged with the relevant council. The council building surveyor will the issue either:

a. A barrier improvement notice; or

b. A notice or order under the Building Act 1993.

Fees and penalties are applicable to barrier improvement notices.

What about existing pools and spas?

As an owner of an existing pool or spa, you have an obligation to maintain the operation of the pool and spa barrier to prevent access.

Below you can find checklists, courtesy of the Victorian Building Authority (VBA), to help asses the safety of your barriers:

  • Checklist 1 (for pools and spas installed before 8 April 1991);
  • Checklist 2 (for pools and spas installed between 8 April 1991 and 30 April 2010); and
  • Checklist 3 (for pools and spas installed from 1 May 2010);

For further information please see registration requirements, pool safety barriers and pool and spa inspection and compliance.

For all further questions and inquiries on swimming pool and spa obligations contact our office on (03) 8590 8370.

This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.

 Last updated: 14 October 2020 Article by: Katarina Perkovic

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Celal has been a great supporting presence during our first home purchase. My partner and I had used Haitch Legal for... contract reviews and conveyancing needs during settlement of our home purchase. Despite having a million questions Celal was always happy to answer them and guided us through the process. Everything was made simple for us to understand which gave us the right confidence to successfully purchase and settle our first home!read more
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Halil is a long time colleague of mine and I can testify to his professionalism and quality service. He is a smooth... operator who takes the guesswork out of your purchase or sale of property.read more
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I have engaged Haitch Conveyancing based on their 5 star reviews and their quick response and transparent... pricing.Celal and Halil reviewed couple of contracts for me and always pointed out important matters and provided change feedback in timely and consistent manner. When I found the one, Celal has reviewed the contract very promptly and kept me updated with all the progress during settlement period. Everything was calculated correctly and he ensured all involved parties and agencies are also informed. I cant thank enough to Celal and Halil for their service and making this home buying process as easy as.I strongly recommend Haitch Conveyancing to anyone in Victoria, Australia for all property matters.read more
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23:41 01 May 20
I utilised Haitch Conveyancing for my first property purchase and they were nothing short of brilliant. They were... thorough, prompt, always had time for me, and explained things in ways I easily understood. The whole team were amazing. I'd recommend them to anyone looking for conveyancing services in Melbourne, I wouldn't go with anyone else.read more
Henry Rosel
Henry Rosel
20:10 10 Mar 20
Halil and team were nothing short of amazing! Answering queries within hours and having everything settled on time and... without hiccup.Will be using Haitch for all future settlements. Thanks again.read more
Aloka Moghe
Aloka Moghe
00:56 07 Mar 20
We knew very little about conveyancing process but Halil explained the process in detail to us and made the process... painless. Katarina was excellent with communication keeping us up to date as it progressed.Would highly recommend Haitch Conveyancing.read more
Ali Han Yenisehirlioglu
Ali Han Yenisehirlioglu
03:10 03 Mar 20
Haitch Conveyancing has provided legal services for us for a property settlement in Melbourne. Their service was very... personalized, on - time and flawless. I was able to reach them whenever i had questions and each time they took their time to explain all the relevant details to me. I would never work with any other law office for conveyancing ever again. I recommend Haitch to every Victorian.read more
Bob Airlie
Bob Airlie
02:32 27 Feb 20
The team was fantastic, easy to deal with, everything was done electronically and via email. Can call at any time and... receive an answer to your questions.read more
KrisDavid DayClarke
KrisDavid DayClarke
08:14 26 Feb 20
The Team at Haitch Conveyancing took care of conveyancing in a friendly and efficient manner.
Maajed Durrani
Maajed Durrani
02:39 04 Feb 20
Halil & Katarina have assisted me with my property purchase. They are efficient & easily approachable. Replies to... email are very prompt. Highly recommended for their services.read more
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Le Bui
10:40 10 Dec 19
Friendly, helpful and experienced team who is very approachable and supportive. Thank you for helping through with my... first home purchase!read more
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00:14 10 Dec 19
The service was friendly and professionally. Highly recommended.
Aisar Khoder
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Halil assisted me with my property sale. He is very approachable and efficient with his work. Very highly recommended... and fairly priced.read more
Grant Taylor
Grant Taylor
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Efficient team. They made our conveyancing process very easy
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04:07 08 Aug 19
Halil helped us with the conveyancing for the recent purchase of our first home. A potentially stressful process was... made very simple, always picks up the phone and quickly responds to emails and a very reasonable fee. Highly recommended and would work with again.read more
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Haitch Conveyancing act on my behalf as vendor. There were 2 townhouses both has settled on time perfectly. even though... there were some issues with the purchaser's bank etc. But Halil made it happened and both settled smoothly. Great service and highly recommended.read more
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Halil has been immensely patient and helpful.
Stephanie Braham
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09:40 19 Jul 19
Haitch Legal did an excellent job taking care of our property purchase settlement. They made the whole process seem... seamless. Halil and Katarina were always patient and accessible and willing to answer any question I had. Very reasonably priced too. Will use again.read more
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5 stars for Halil Gokler and his professional team of lawyers/conveyances.
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clean connection
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Halil & Katarina are approachable with queries. We use them for all our business dealings. Would highly recommend to... all !!!read more
Joie Goman
Joie Goman
02:51 25 Apr 19
Highly recommended! Halil assisted us through our conveyancing and always replied to our emails and questions... promptly. His fees are also very reasonable and explained the conveyancing process to us. Halil and his team are very friendly and professional. We would use his service again.read more
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03:59 14 Mar 19
Halil and Katerina were brilliant. Very responsive and patient with all our questions. Highly recommend.
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Excellent service with very cordial staff . Thank you for your support and assistance.
Sam Watkins
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05:59 20 Dec 18
Halil and Katrina of Haitch Conveyancing assisted us in buying our family home. They were friendly and helpful, and did... great work. We are very happy to recommend them.read more
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Getting Halil Gokler to assist with our property purchase was the best decision we made. Halil's service and... professionalism went above and beyond his fixed quote for services. It paid off having a qualified lawyer provide this service as, when the conveyancers on the other side were incompetent and didn't settle on time, Halil was on hand with pragmatic advice to help us achieve a good outcome.read more
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We use Halil and refer our clients to him. We get good feedback. Great service with prompt response times at a... reasonable price. Highly recommend Halil and his team at Haitch legal. Thank You Halil from Demir & Co Accountants.read more
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We can't recommend Halil enough. He was fantastic in helping us with our first home settlement. We were late acquiring... his services in the process but Halil's service went above and beyond to sort everything within a tight time frame and patiently explained everything to us when we had many many questions! Made what was a tricky situation completely effortless. Highly recommend him.read more
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