Understanding the VBA Pool and Spa Compliance Laws: What Every Victorian Homeowner Must Know

Swimming pools and spas provide welcome relief during the warmer months in Victoria, but they also pose serious safety risks, especially for young children. That’s why the Victorian Building Authority (VBA) has introduced strict pool and spa barrier compliance laws to help prevent accidental drownings and improve backyard safety.

Whether you’re a homeowner, landlord, or property buyer, it’s essential to understand your legal responsibilities. This article breaks down the VBA’s pool and spa compliance requirements and explains how to meet them, starting with a professional swimming pool inspection.

Why Pool and Spa Compliance Matters in Victoria

According to the Royal Life Saving Society, backyard drownings are a leading cause of accidental deaths among children under five in Australia. Many of these tragedies occur in unfenced or poorly maintained pools.

To address this, the Victorian Government made pool and spa registration and barrier compliance mandatory for all property owners with swimming pools or spas deeper than 30cm.

These laws aim to:

• Reduce the risk of unsupervised pool access
• Ensure all barriers meet current safety standards
• Introduce regular inspection intervals for ongoing compliance

Who Must Comply?

The VBA compliance laws apply to anyone who owns a:

• Private swimming pool (in-ground or above-ground)
• Spa or hot tub (including portable spas)
• Indoor pool or spa
• Small inflatable pool (if depth exceeds 300mm)

This includes residential homeowners, landlords, and body corporates. Even if the pool is unused, it must still comply if it contains more than 30cm of water.

Key Steps for Compliance

1. Register Your Pool or Spa with Your Local Council

Since 1 June 2020, all owners of permanent or relocatable pools and spas must register their pool or spa with their local council. Failing to register can result in fines of up to $1,849.20 (as of 2025).

2. Determine the Construction Date

Once registered, the council will confirm the construction date of your pool or spa, which determines which AS1926 safety standard applies to your barrier.

3. Arrange a Swimming Pool Inspection

A qualified building inspector or surveyor must carry out a swimming pool inspection to assess whether your barrier meets the standard applicable to its construction date. If compliant, the inspector will issue a Certificate of Barrier Compliance (Form 23).

4. Submit the Compliance Certificate

You’ll then need to submit the certificate to your local council—usually within 30 days of the inspection. Councils typically charge an administration fee for processing this document.

5. Repeat Every Four Years

Barrier inspections are not a one-time task. In Victoria, property owners must re-inspect and re-certify pool and spa barriers every four years to maintain compliance.

What Do Inspectors Look For?

Inspectors follow the standards laid out in AS1926.1 and AS1926.2, depending on when your pool was built. Some common compliance checks include:

• Barrier height (minimum of 1200mm)
• Gate functionality (must self-close and latch)
• Non-climbable zone clearance (900mm on the outside)
• Gaps under or between barriers (no more than 100mm)
• Proximity of climbable objects (pots, chairs, trees)

Barriers must be well-maintained and free from defects such as rusted hinges, broken latches, or leaning posts.

What Happens If You Fail the Inspection?

If your barrier is non-compliant, the inspector will issue a Form 24 – Certificate of Non-Compliance. You’ll typically be given up to 60 days to rectify the issues and schedule a re-inspection.

In some cases, if the barrier poses a serious safety risk, the inspector may notify the local council immediately, which can result in enforcement action or penalties.

Special Considerations for Spas and Portable Pools

Spas and portable pools often get overlooked when it comes to compliance—but they’re covered under the same legislation if they:

• Hold more than 30cm of water
• Are capable of being filled with water and used for bathing
• Are left assembled for longer than three days

In short, if a child could climb in and drown, the structure needs to be registered, fenced, and inspected.

Final Thoughts

The VBA’s pool and spa barrier compliance laws are designed to save lives—not just add paperwork. Understanding these regulations and following the required steps helps ensure your outdoor area is both safe and legally compliant.

With regular inspections and proper maintenance, you can enjoy your pool or spa while knowing you’re doing your part to prevent accidents and meet your obligations as a responsible property owner.

If you’re preparing for a swimming pool inspection, make sure to review the applicable barrier standards and clear any hazards before the inspector arrives. Ensuring your fence, gate, and surrounding area meet the VBA’s safety guidelines is the first step toward a compliant and safe backyard.