Building permits for private swimming pools/spas and safety barriers
In Western Australia, private swimming pools (including spas, portable and inflatable pools) with water over 300mm (30cm) deep must have a compliant safety barrier.
Safety barriers help prevent the drowning deaths and injury of young children under the age of five years by restricting their access to the private swimming pool.
The design, construction and installation of private swimming pools and spas and their safety barriers are subject to strict building requirements under the Building Regulations 2012 (the Regulations). Penalties for a non-compliant safety barrier are up to $5,000 under the Regulations.
Owners have an ongoing legal obligation to always maintain their safety barriers.
The definition of private swimming pool can be found in the Building Regulations 2012 (the Regulations).
Do I need a building permit for my new pool/spa/safety barrier?
Private Swimming pools and spas
A building permit must be in effect before the construction, erection, assembly placement, renovation, alteration, extension, improvement or repair of any private swimming pool/spa that will contain more than 300mm (30cm) depth of water.
Safety Barriers
From 21 June 2024, most pool fences will not require a building permit.
A building permit will only be necessary where a safety 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*; or
- Is constructed of a material other than masonry and over 1.8m in height*; or
- Is located in Wind Region C or D (as detailed in AS/NZS 1170.2, as referenced in the BCA)*.
*unless constructed in accordance with a relevant Local Government Local Law
Apply for a Building Permit
Mandatory safety barrier inspections
The City is committed to ensuring that all swimming pools and spas have compliant safety barriers installed and maintained at all times.
The City’s Pool Inspectors are obliged by law to conduct routine inspections at least every four years to verify that safety barriers meet current building standards and effectively restrict access to young children.
The responsibility of owners of private swimming pools/spas
The swimming pool or spa owner is responsible for ensuring that safety barriers are installed and maintained in compliance with current building standards at all times.
Owners must regularly check their barriers for any defects or damages and promptly address any issues to maintain safety. Ensuring the safety of young children around pools and spas is a crucial duty, and keeping barriers compliant is a vital part of this responsibility.
Need to organise a safety barrier inspection?
Contact the City’s Pool Inspectors on 9411 3429 or email [email protected]
For more information regarding regulations and legisation contact: