To help reduce the risks of drowning incidents, the Victorian Building Authority (VBA) has developed three self-assessment checklists to help swimming pool and spa owners check the safety of their barriers. 

Whitehorse City Council encourages all owners to use these checklists to maintain the safety of their pools and spas. 

These checklists are based on the relevant barrier standard associated with the date that the pool or spa was installed. Council will inform owners of the relevant standard once the pool or spa has been registered.

If the age of your pool or spa cannot be verified, the current safety standard will be applied .

It is recommended to check the following common issues relating to pool and spa barriers that may result in the inspector issuing a non-compliance certificate:

• Gates are self-closing and self-latching
• All barriers are rigid and secure
• All climbable objects like pot plants, garden furniture, BBQ's and toys are 1.2m away from the barrier.

For more information on safety around pools and spas, visit Life Saving Victoria and Kidsafe Victoria. Also check the VBA Pool and spa FAQs.

Please provide information, such as photos or plans, related to any works without a permit that are in the vicinity of your pool or spa safety barrier. This will help determine the relevant safety barrier standard you will need to comply with.

1. Remove a section of the base of the inground pool of minimum 1m length x 1m width to a depth of 100mm as detailed below. For spas remove the lower section of the base.
   
   
2. Remove debris to allow water to drain from the decommissioned structure.
3. Remove filtration system, access ladders etc.
4. Take photographs at this stage to present to Council.
5. Fill the swimming pool or spa (to the top) with appropriate fill material (compacted in layers), with maximum depth of 300mm for each layer. (Consideration should be given to mounding the top of the pool or spa area to prevent future compaction)
6. It is strongly recommended you obtain written advice from an engineer prior to undertaking the decommissioning of the pool/spa in order to determine which fill material should be used based on the site and soil conditions on your property.
7. Request Council to remove the swimming pool or spa from the register using the link 'No Pool or Spa on your Property' on this page and provide your photographs.
8. Council may request a site inspection to confirm above works.

Important Information

Owners of decommissioned pools and spas must understand that in-ground or permanent swimming pools/spas that remain in situ can be problematic if any future construction and/or re-development is proposed on the site in the future.

Filling an in-ground swimming pool can lead to unexpected problems. Once the pool is empty, it may become buoyant if the soil conditions change (clay, soil), the pool can actually begin to "float" up out of the ground, which can cause soil erosion or even foundation problems.

A building permit must be obtained from any registered building surveyor in order to recommission the pool or spa taking into account safety barriers, filtration systems and the like.

The installation of decking to replace removed pools or spas etc. may also trigger a building permit, advice should be sought from a registered building surveyor.

A planning permit may be required for construction of a pool or spa. 

Step 1 - Click on Whitehorse Maps to establish the zone and if there are any overlays on your property that will need to be taken into account prior to the preparation of plans in relation to your proposed pool or spa. The following overlays on a property may mean a planning permit is required prior to a building permit:

• Design and Development Overlay (DDO)
• Environmental Significance Overlay (ESO)
• Heritage Overlay (HO)
• Land Subject to Inundation Overlay (LSIO)
• Neighbourhood Character Overlay (NCO)
• Public Acquisition Overlay (PAO)
• Significant Landscape Overlay (SLO)
• Special Building Overlay (SBO)

Step 2 - Once you know which zone and overlay(s) affect your property refer to the relevant zone and overlay of the Whitehorse Planning Scheme.

Step 3 - It is highly that you obtain a current copy of title from Landata, to confirm if there are any other restrictions that apply to the property. Information to assist in obtaining a title is available at Request a Copy of Title.

Step 4 - It is recommended that you engage a professional such as an architect, draftsperson or planning consultant familiar with making planning applications to assist you in the preparation of the relevant documentation.

Step 5 - Prepare all relevant documentation.

Checklists have been prepared to assist in the preparation of the relevant documentation for common planning permits applications. It is recommended to check the relevant checklist under permit checklists prior to lodging an application.

Step 6 - Once you are ready to submit your application lodge and apply online.

If you would like written confirmation whether a planning permit is required please lodge a Planning Information Request. Refer to Fee Information to view the application fee for a Planning Information Request.

Refer to planning permit process for information about the phases of a planning permit application.

A building permit is required for the construction of all pools (including those above ground) and spas that are capable of containing a depth of water greater than 300 mm. 

All pools and spas must have safety barriers in accordance with government standards and regulation. If you don’t comply with the regulations, you risk the lives of family and friends as well as fines of up to $5000.  

A building permit is required for installing and altering all swimming pool and spa safety fences and barriers including windows, doors and gates that provide access to a pool or spa area.

Step 1 - Approval of a planning permit must be obtained prior to lodging a building permit if it is required. Refer to planning permit information above to check if a planning permit is required.

Step 2 - It is recommended that you engage a professional familiar with making building permit applications for a pool to assist you in the preparation of the relevant documentation.

Step 3 - Appoint a building surveyor. This could be Council or a private building surveyor. 

Step 4 - Prepare all relevant documentation. Refer to the building permit checklist ( PDF 193.23KB) to ensure all relevant documentation is prepared and submitted. 

Step 5 - Once you are ready to submit your application forward all documentation to your building surveyor.

Refer to building permit process for information about the phases of a building permit application.

If your building project does not meet a requirement of the Building Regulations 2018, you must obtain Council's report and consent before a building permit can be issued. Your appointed building surveyor cannot issue a building permit unless they are satisfied that any required report and consent has been obtained.

Step 1 - Once you are informed a report and consent due to noncompliance to the Building Regulations by your building surveyor refer to the report and consent checklist ( PDF 143.32KB) to ensure all relevant documentation is prepared and submitted.

Step 2 - Council will determine if notification to neighbouring properties is required.

Step 3 - The notification process can be undertaken by Council or you.

• If you decide to request Council to undertake the notification process on your behalf a request in writing must be made and payment of the fee.
• Information provided to adjoining neighbour owners must reflect the nature of the proposal and extent of noncompliance(s). Through the adjoining neighbour owners comments, it must be clear to Council’s assessing officer that neighbours understand the nature of the proposal, specific to the regulation.

Step 4 - Once you are ready to submit your application lodge and apply online.

For more information see the building permit process.

Property owners or contractors must obtain Consent to Build over Easement if planning to construct any building or structure, or, to excavate or over an easement.

Apply online for consent to Build Over Easements, or find out more information on the Drainage and Easement page.