Swimming Pools and Spas 

Private swimming pools and spas are defined under the Building Act 2011 and the Building Regulations 2012 as being a place or premises provided for the purpose of swimming, wading or the like activities, which the public are not entitled to use, which has the capacity to contain water that is more than 300mm deep.

The National Construction Code (NCC) classifies swimming pools and spas as being of Class 10b.

A building permit is required for the installation of a swimming pool/spa as well as a pool/spa barrier. If you would like to apply for a building permit, please refer to our Building Forms, Fees and Checklists page.

For further detail, see the following Frequently Asked Questions, or download the ToVP Swimming Pool Info Sheet at the bottom of this page. 

Is a Building Permit required for a swimming pool, spa or isolation fence?

Yes, a Building Permit approval is required for all swimming pools and spas that meet the definition of a private swimming pool.

 The Building Amendment Regulations 2023 no longer requires a Building Permit to construct/install an isolation fence (pool barrier) and will only require a building permit where the barrier:

  •  also acts as a fall protection barrier (balustrade) required by the Building Code of Australia (BCA) where people could fall 1m or more; or
  • is constructed of masonry and over 0.75m in height.

Please note the Town undertakes a pre–Swimming Pool installation site visit to check the Swimming Pool requirements for your particular site. There is no fee payable for this visit.

On completion of your swimming pool barrier, you are required to immediately contact the Town’s Building Services to arrange an inspection of the completed barrier. This inspection is now required in accordance with Building Regulation 2012 Part 8 Division 2 r53 and r53. A Swimming Pool Barrier Inspection Report will be provided by the Town. The cost of this inspection and report is $312.00 and includes a second inspection if non-compliance if found during the first inspection.

Who submits the application?

  • Either the property owner or the Builder/Agent can submit the application.

How long will my application take to process?

  • Certified Applications – The Town must process a certified application within 10 working days of it being accepted by the Town.
  • Uncertified Applications – The Town must process an uncertified application within 25 working days from being accepted by the Town

If additional information is required for either a certified or uncertified application, the applicant

will be given 21 calendar days to provide the information. The Town then has the remainder of the 10 working days for certified or 25 working days for uncertified application in which to issue the permit.

What plans and specifications do I need to submit with an uncertified application for a Building Permit?

Along with a completed Application for Building Permit-Uncertified (Form BA2), the following plans

and details are required:

  •  A full site plan drawn to scale (min 1:200) showing the following:
    • location of the proposed pool, pump and equipment.
    • dimensioned setbacks, and existing and proposed levels relative to a temporary benchmark (TBM) (including the depth of the pool). This is to ascertain if undermining will/could occur. If so, details of any retaining structure or proposals to take imposed loads to be included on plan.
    • indicative location of all proposed safety barriers and gates (not limited to pool fence);
    • locations of existing buildings and structures; and
    • compliance statements for safety barriers.
  • Details of any remedial works to be undertaken to upgrade window openings in the pool enclosure if the building walls form part of the enclosure.
  • Details of nominated fencing type, new and existing that will form part of the pool enclosure and details of any alterations required to make the existing fencing compliant with AS 1926.1.
  • Manufacturers or Engineers details of the proposed pool which will state the soil types for which the pool design is suitable.
  • Structural certification for design variations or proposed locations that are in close proximity to boundary fences, dwellings or other structures where additional loads may be transferred to the pool structure or excavations causing surcharges on buildings on adjoining land.
  • Any consent required under the metropolitan Water Supply, Sewerage, and Drainage Act 1990  that is relevant to the prescribed work.

What are the fees for a permit application?

For application fees please refer to the “building fees schedule” on The Town’s website.

 

Related Information

Rules for Pools and Spas - Building Commission

Swimming Pools Safety Flyer - Do Not Prop the Gate Open

Noise - Pool-and-Spa Pumps and Pool Cleaning Systems

ToVP Swimming Pool Info Sheet

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