Pool fencing government and council requirements by State

We know the importance of having compliant and reliable safety barriers in home pool areas to keep loved ones safe, but you will also need to be on top of your local government compliance regulations and requirements in order to be pool compliant. Each state in Australia has quite different requirements that must be met.

That’s why we’ve compiled this handy go-to guide for pool fencing council and government restrictions and guidelines by state. Keep this page bookmarked for easy reference and to check back as requirements and legislation change.

Remember, compliance is the responsibility of the pool or spa owner. With significant changes expected to some state’s legislation this year it is really important to stay up to date to avoid fines. We recommend signing up to SPASA Australia’s newsletter or your local council for the latest information.

WHAT IS A COMPLIANT POOL FENCE OR SAFETY BARRIER?

Generally speaking, a pool fence or safety barrier is:

  • At least 1.2m high around the entire pool or spa area
  • Has a 900mm non-climbable zone (NCZ) around the perimeter of the fence
  • Gates are hung so that they only swing outwards, away from the pool area and are fitted with a self-closing device

Some other ‘best practice’ items to consider to enhance the safety or your pool area include adding a CPR sign (which you can buy from major retailers including Bunnings and BigW) to the pool area in case of an emergency (mandatory in QLD and NSW) and ensuring that your pool adheres to the legislated water recirculation standards.

POOL FENCING RULES BY STATE

Australian Capital Territory

  • Any swimming pool in the ACT must have a safety barrier certified as compliant with the Building Act 2004 by a licensed building surveyor.
  • In the ACT, a swimming pool is defined as any structure able to hold 300mm or more of water that is located outdoors. Baths or interior spa baths are not included in the barrier laws.

New South Wales

  • Pool owners in NSW are guided by The Australian Standard 1926 (AS1926) and the Swimming Pools Act 1992 and all swimming pools must be surrounded by a child-resistant barrier.
  • In NSW, a swimming pool is defined as any structure capable of holding 300mm or more of water including concrete pools, fiberglass pools, inflatable pools, wading pools, above ground pools and spas. Likewise, all residential pools and spas must be registered which can be done easily online at the NSW Pool Register.
  • It is your responsibility as a pool owner to ensure barriers are compliant with state standards and registered.

Northern Territory

Queensland

  • In Queensland, pool safety compliance is the responsibility of the Queensland Building and Construction Commission (QBCC).
  • All pools and spas must be fenced and registered on the pool safety register and fines up to $2356 can be issued for unregistered pools.
  • It is the responsibility of pool owners to ensure their pool is fenced, the fence or barriers are well maintained and any damage is fixed immediately.

South Australia

  • All pools in SA must have a safety barrier that restricts access to the pool area.
  • If the pool was built before July 1993, the safety barrier must meet current standards including fencing that is at least 1.2m high, is not able to be crawled under or climbed over and is a permanent structure.
  • If your pool was built after July 1993, it must comply with the rules that were current at the time of application for construction. These can be found in the Development Act 1993 and the Building Code of Australia.

Tasmania

Western Australia

  • Compliant safety barriers are required in all private swimming pools and spas that contain more than 300mm water in WA.
  • If your pool was built after 1 May 2016, you are required to follow the requirements outlined in the Building Code of Australia (BCA) 2016.

Victoria

  • Victoria introduced new legislation in December 2019, improving swimming pool and spa safety. The following compliance items are now required by all pool owners;
    • Being registered with your local council
    • Inspected by a registered swimming pool inspector
    • Rectifying any issues identified in an inspection
    • Submitting a certificate of compliance to your local council

Taking these essential safety measures are all a part of being a responsible pool owner. They are about more than avoiding fines, they ensure we are all working to save lives and prevent our loved ones becoming a statistic.