Private Swimming Pools, Spas and Fences

Swimming pools and spas are a part of the West Australian lifestyle, but the ownership of a pool or spa carries responsibilities. The following is a guide to swimming pools in Western Australia. For further information please go to building_permits_for_private_swimming_pools_and_pool_fences.pdf (commerce.wa.gov.au).

What is a swimming pool?

A swimming pool is any structure used for swimming, paddling, wading or the like, and has the capacity to contain water that is more than 300mm deep. This includes above/below ground pools, inflatable/portable pools, above/below ground spas and bathing/wading pools. Swimming pools and spas that contain more than 300mm of water are required to be isolated with a compliant pool fence/safety barrier.

When is a Building Permit required?

  • All swimming pools and spas require a building permit.
  • From 21 June 2024, most pool and spa fences/safety barriers will not require a building permit. A building permit will only be required where the pool and spa fence/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 located in Wind Region C and D (as detailed in AS/NZS 1170.2; or
    • is constructed of masonry and over 750m in height; or
    • is a fence that retains over 500mm in height; or
    • is constructed of a material other than masonry and over 1800mm in height.

Handy tip:  Swimming Pool application fees are generally only a few hundred dollars, some pool companies are passing on extra costs as "council fees" to inflate their bottom lines, often in the order of thousands of dollars.

What is the role of your Local Government?

The local government is responsible for granting building permits for swimming pools and spas. Local governments are required to keep a register of all the pools and spas in their jurisdictions. Local governments are also required to inspect pool and spa fences/safety barriers a minimum of once every four years.

From 21 June 2024, local governments will be required to inspect pool and spa fences/safety barriers within 30 days of completion on the pool and/or spa. The inspection fee of $150 is to be paid on lodgement of the building permit application for the pool and/or spa. The Shire will then contact the Owner to arrange a preliminary inspection to discuss the location and requirements of the fence, to identify any future non-compliances.

What are the owners and occupiers’ responsibilities?

It is the owner’s responsibility to ensure that a pool and spa fence/safety barrier is installed and maintained compliant at all times. This responsibility also extends to occupants of land where are a pool is situated.

On completion of the pool and/or spa and compliant fence/safety barrier (to be installed prior to filling water more than 300mm deep) the owner is to contact the Shire to arrange for an inspection of the fence/safety barrier. Please contact the  Shire’s Building Services team:

Online by Request & Report It; or

Telephone number on (08) 9526 1111; or

By email on info@sjshire.wa.gov.au

Owners must also allow for a minimum of 1 pool barrier inspection every 4 years by a local government authorised person.

What are the builder’s responsibilities?

It is the builder’s responsibility to build in accordance with the approved building permit.

It is also the builder’s responsibility under the Work Health and Safety Act 2020 to ensure the security and safety of the site and works during construction (regardless of the level of water).  

It is also the builder’s responsibility to provide a fully completed and signed Notice of Completion (BA7) within 7 days of completing the works contained in a Building Permit. A BA7 form is available on BA7 – Notice of completion | Department of Energy, Mines, Industry Regulation and Safety (commerce.wa.gov.au)

What documents do I need for my Building Application?

  • Completed application form, either a BA1 or BA2 with all owners noted and builder’s and applicant’s sections completed and signed
  • Applicable fees (please see fee schedule)
  • Certificate of Design Compliance (if lodging a Certified Building Permit Application (BA1))
  • Site plan at a minimum scale of 1:200 showing:
    • Setbacks from the lot boundaries, all other buildings on the property and effluent disposal systems
    • Dimensions of the proposed structure
    • Location of barrier fence
  •  Specifications for proposed swimming pool/spa and/or barrier.
  • Engineering details signed by a structural engineer showing:
    • Endorsed construction details of the pool/spa
    • For second-hand pools/spa’s, endorsed structural integrity report for the proposed pool/spa.
    • Floodplain advice from the Department of Water and Environmental Regulation will indicate high water table probability for your area.  This is an important consideration (most pool companies don’t check this) and can result in catastrophic pool failure. See floodplain map. 
    • Hydrostatic valves will be required for all pools installed in flood-prone areas.
  • Electrical Bonding - associated with a pool or spa must comply with Clause 5.6.2.6 of Australian Standard AS/NZS 3000:2018 (known as the ‘Wiring Rules’). Your electrical contractor will be responsible to ensure this compliance.

Please note any easements on your property cannot be adversely affected by the installation of the pool. In rare cases, a swimming pool may not be possible on your lot.

Will any other approvals be required?

In some instances, planning approval may also be required. 

For further clarification, call the Shire’s Planning Services team on (08) 9526 1111.

Royal Life Saving - Make It Safe Campaign