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Swimming Pools and Spas

The Act and Regulations require an owner to obtain a building permit for the construction of all pools (including above ground) and spas that are capable of containing a depth of water greater than 300mm.

A building permit is also required for installing and altering all swimming pool and spa safety barriers including windows, doors and gates that provide access to a pool or spa area. The circumstances where a swimming pool safety barrier/fence would require a building permit relate to:

  • Building work involving the installation of isolation fencing around an existing swimming pool/ spa or;
  • The relocation and/or extension of a swimming pool safety barrier/fence. This would be classed as new work as opposed to the repair, reconstruction or renewal of an existing structure in the same location as the existing barrier.

The permit must be issued by a municipal or private building surveyor. An application for a building permit must include details of the type and location of all barriers, fence gates, doors, windows, latches, catches, self-closing devices and fly screens.

Tips for maintaining fences and barriers


Check that all gates close properly and self-closing hinges are working. This may be as simple as lubricating the gate and inspecting the structure for corrosion and missing or loose screws.

Remove climbable objects

Remove any climbable objects that are placed too close to the barrier such as chairs, pot plants or overgrown trees.

For more information contact our Building unit on (03) 5559 4800.

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