Swimming Pools and Spas

Building permits for swimming pools, spas and their associated fences - Fact Sheet

The Rules and Regulations

All private swimming pools and spas that contain water more than 300mm deep must have a barrier compliant with Australian Standard AS 1926.1 that restricts access by young children to the swimming and spa pool and its immediate surrounds. In Western Australia, the legislative framework that mandates the requirement to provide a barrier to a private swimming and spa pool comprises:

• the Building Act 2011 (WA)
• the Building Regulations 2012 (WA)

Private swimming or spa pool includes:

• in-ground and above-ground pools (including inflatable and portable pools);
• in-ground and above-ground spa pools (but not spa baths that are normally emptied after each use); and
• Bathing or wading pools.

Pools that are not considered to be private swimming or spa pools are controlled under the Health (Aquatic Facilities) Regulations 2007. More information can be found in the Code of Practice for the design, operation, management and maintenance of aquatic facilities.

Role of the Local Government

Local Government is responsible for issuing building permits for swimming pools and spas and their associated barriers. The approval process not only ensures that the building and barrier standards are satisfied, but that the structures are registered with the Local Government so that periodic inspections of the installed barrier can occur at least once every four years. 

Mandatory Inspections 

Newly constructed swimming/spa pools are subject to a mandatory barrier inspection undertaken by the Town’s Building Surveyor. You can send a request to admin@eastfremantle.wa.gov.au requesting an inspection. The initial inspection fee is $163.30. 

The property owner is responsible for ensuring that safety barriers are installed, maintained and operating effectively in compliance with current building standards at all times If you do not comply with the Regulations you risk the lives of young children and may face substantial fines.

In accordance with the Building Regulations 2012, the Town is required to inspect the safety barriers to private swimming pool and spas periodically, so that no more than four years elapse between inspections. This is to ensure that safety barriers/fences and other safety features continue to comply with the required legislation. 

The cost for the mandatory four yearly inspection is collected by the Town in four yearly payments and will appear on your annual rates notice. 

If the barrier is deemed non-compliant and the inspection exceeds more than three attempts in a four-year cycle, additional costs will incur.

General Barrier Requirements

View the helpful and easy to read Rules for Pools and Spas 

This publication has been produced by the Building Commission to assist pool and spa owners by thoroughly detailing the rules and regulations for barrier requirements. 

Rules for Portable Pools 

Owners and occupiers of premises on which there is a private swimming pool or spa must ensure they have a compliant safety barrier in place at all times. This document can be used to check the basic elements of pool safety barriers.

Rules for Pools and Spas - a simple checklist

Hints to follow for removal of your pool

• totally remove your pool if it is above ground; or
• totally remove your pool and backfill if below ground. You need to obtain a compaction certificate for the backfill; or
• leave pool in, but make two holes (minimum size of 1m x 1m each) one in the deep end and another in the shallow end of the pool. 

Further information

Useful websites include:

Royal Life Saving Western Australia

Royal Life Saving Australia - Keep Watch

Swim and Survive

Kidsafe