This is a mandatory law that took effect on December 1, 2019. This new law is set to improve safety of pools and spas that are capable of holding more than 300 mm (30 cm) of water.
The Certificate of Barrier Compliance is a certificate that only a VBA-registered pool inspector can issue. Once an authorised inspector determines that your pool or spa adhere to applicable barrier standard, they will issue you this certificate which must be lodged with your council within 30 days of the date the certificate was issued. The council will then send you a written notice that includes the date the certificate was lodged, and the date by which the next certificate is required to be lodged, which is 4 years after the first certificate was issued.
For pools and spas constructed or began construction before November 1, 2020:
Pool/spa construction date
Compliance certificate must be lodged by
| On or before 30 June 1994 | 1 June 2022 |
| From 1 July 1994 until 30 April 2010 | 1 June 2023 |
| From 1 May 2010 until 31 October 2020 | 1 June 2024 |
You are required to lodge a certificate of barrier compliance every four years. Check with your council for exact dates.
Pools and spas constructed on or after 1 November 2020.
Your first certificate of barrier compliance must be lodged within 30 days of the date of issue of the certificate. This certificate must accompany your application for registration.
Your next certificate of compliance is due four years after registration. Check with your council for exact dates.
The inspector may issue a certificate of non-compliance right after, or issue a written notice stating what needs to be done to make the barrier compliant, the amount of time you have to fix the barriers, and the date and time when they intend to go back for inspection.
If the barriers are deemed compliant after the re-inspection, the inspector will issue a certificate of compliance which must be lodged with your council.
If the barrier is still non-compliant but the inspector is satisfied with the improvements made, they may give you a 7-day extension to finish the improvements. Otherwise, a non-compliance certificate will be issued.
If the inspector issues a certificate of barrier non-compliance, they will lodge it with the council and give you a copy. The council will then notify you of the penalties and fees that need to be settled by the date stated in the notice.
Type of fee or penalty
Amount
| Maximum fee for lodging a certificate of barrier compliance with council | $20.74*^ |
| Maximum fee for lodging a certificate of barrier non-compliance with council | $390.78*^ |
| Failure to lodge certificate of barrier compliance by date specified | up to $1,817.40^ |
| Failure to lodge certificate of barrier non-compliance by date specified | up to $1,817.40^ |
| Failure to comply with barrier improvement notice by date specified | up to $1,817.40^ |
*Fees and penalties are set by the council. Please check the relevant council’s website for the fees that apply.
^ These fees and penalties are applicable until 30 June 2022.
There is no fixed fee for pool and spa inspections, but here in MAK Pool Inspections, you will only be charged for what is necessary to carry out the inspection. Check out our Pricing & Services for more details.
If you don’t lodge your certificate of compliance with the relevant council within 30 days, you will need to have your pool or spa inspected again to get a new certificate.
This is an offence, and you may face an immediate fine of around $330, and a penalty of up to $1,652.20.
If the change is part of building work that requires a building permit, your pool and spa barriers need to be inspected again for compliance. The inspector will give you a new certificate that you need to lodge with the relevant council within 14 days. If you fail to lodge the certificate, you will be liable for fees and penalties from $330 up to $1,652.20.
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