Frequently asked questions

1.How long is a certificate of barrier compliance valid?

A certificate of barrier compliance is only valid for 30 days after it is issued. It must be lodged with the relevant council within this period.

If the certificate is not lodged within the 30 days, a new inspection must be carried out and a new certificate issued and lodged with the relevant council.

2. What happens if I don’t lodge a certificate of swimming pool barrier compliance?

It is an offence to not lodge a certificate of barrier compliance.

If you don't lodge a certificate of pool and spa barrier compliance by the due date, you may face an on-the-spot fine or penalty.

3. How do I lodge the certificate of barrier compliance with my council?

Contact the council directly or check their website for information on how to lodge a certificate of barrier compliance.

4. What is a certificate of barrier non-compliance?

A certificate of barrier non-compliance can be issued by a pool and spa inspector if they determine a barrier is not compliant.

5. When is a certificate of barrier non-compliance issued immediately?

An inspector must immediately issue a certificate of swimming pool barrier non-compliance if:

the barrier is not capable of being made compliant or the owner is unlikely to make the barrier compliant within 60 days

the barrier poses a significant and immediate risk to life or safety

the barrier is non-compliant in any of the following ways:

a door or gate, when closed, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate

a door or gate forming part of the barrier is unable to be completely closed

any part of the barrier is less than its required height based on its location and the applicable legislation, measured above ground level from the approach side.

6. Who lodges the certificate of barrier non-compliance?

The inspector will lodge the certificate with the relevant council and provide you with a copy.

7. How long do I have to comply with a barrier improvement notice?

A barrier improvement notice will include a deadline for when you need to fix the barrier and lodge a compliance certificate with council.

This means you will need to have the swimming pool barrier re-inspected before the deadline.

8. What happens if I don't comply with the barrier improvement notice by the deadline?

If you do not comply with the barrier improvement notice by the deadline, you may face an on-the-spot fine.

If you do not lodge the barrier compliance certificate by the deadline, you may be fined.

The municipal building surveyor may then issue other notices or orders under the Building Act 1993.

9. What happens if I make alterations/changes to a pool barrier after I've registered my pool or spa?

After registering your pool or spa, if building work is carried out on the barrier that requires a building permit, the relevant building surveyor must inspect the barrier and determine if it complies with the applicable barrier standard.

If the relevant building surveyor determines the barrier complies with the applicable barrier standard, they will issue you a certificate of barrier compliance. You must lodge the certificate with council within 14 days.

10. What happens if I don't lodge a certificate of barrier compliance after an alteration/change?

If you fail to lodge a certificate of barrier compliance within 14 days of receipt, you may face an on-the-spot fine and a separate penalty.

11. After receiving the certificate following alterations, the council will register the applicable barrier standard and notify you in writing:

that they have received the certificate

the date by which the next certificate must be lodged (in four years)

confirmation that the applicable barrier standard has been updated (if applicable) and details of the barrier standard that now applies.