Swimming pools and spas
If you want to install a swimming pool or spa which is capable of holding water more than 300mm deep, including temporary swimming pools such as above-ground inflatable swimming pools, you will need a building permit.
You will also need safety barriers – and they must comply with the Building Regulations 2012, as amended, and the Australian Standard (AS) 1926.1 - 1993 or 2012 where applicable. The requirement for safety barriers to have a Building Permit prior to installation may be exempted. See below for more information on the requirements for building permits.
The purpose of this State Government legislation is to make sure safety barriers are used and maintained properly to help prevent child injury or drowning in private swimming pools and spas.
An initial inspection of all safety barriers must be inspected by one of the City’s Authorised Officers within 30 days of when the City:
- receives a notice of completion from the swimming pool/spa contractor or
- becomes aware that the safety barrier has not been inspected.
Inspection fees are applicable to carry out this initial inspection and any subsequent reinspection(s).
Once the safety barrier is deemed to comply, the City is required to reinspect the barriers at intervals of no more than four (4) years. An inspection fee will be added to the property’s annual Rates Notice.
When is development approval required?
You will need to apply for development approval if your proposed swimming pool or spa is:
- Located within a Special Development Precinct;
- Located in a heritage area designated under the City’s Local Planning Scheme No. 15;
- Located on a lot less than 260m2 in area;
- Is located on a lot which is within, or joins, the Swan River Trust Development Control Area (DCA), or in the opinion of the City it is likely to impact the quality of waters in the DCA (generally properties next to the Swan River).
How to apply for development approval
To apply for development approval, you will need to:
What is the development approval process?
How do I know what has been approved for my property?
You can lodge your application:
- Online using the City’s Planning and Building Online Application portal;
- In person at the City of Belmont, 215 Wright Street, Cloverdale;
- By mail to City of Belmont, Locked Bag 379, Cloverdale WA 6985.
Visit the Planning and Building Online Application portal
When is a building permit required?
You will need to apply for a building permit for all swimming pools and spas capable of holding water more than 300mm deep.
As of 21 June 2024, the Building Regulations 2012 is amended so that the installation of safety barriers may be exempted from a Building Permit UNLESS it falls into the following scenarios:
- Masonry Construction of more than 750mm high.
- Other materials of more than 1800mm high
- A safety barrier also acting as a fall protection barrier (balustrade) required under the Building Code of Australia.
Please note that an initial inspection of the safety barrier remains a requirement and it is important that they can also meet the loading requirements as specified in AS 1926.1. The following supporting documents will be necessary to demonstrate compliance:
- Test report/s from NATA Accredited testing laboratory.
- Structural engineer’s assessment and statement of compliance.
- For glass safety barrier, glazing certificate from the manufacturer indicating Grade A Safety Glass manufactured to AS/NZS 2208.
- Installer’s Statement of Compliance
Note that the initial inspection will have fee of $118.00 and to a maximum of $312.00 inclusive of any required re-inspections.
How to apply for a building permit
To apply for a building permit, you will need to:
- Complete and submit a Form BA1 Application for a Building Permit – Certified* or Form BA2 Application for a Building Permit – Uncertified;
- *Submit a Form BA3 Certificate of Design Compliance from a registered building surveying contractor, if you are applying for a certified building permit (Form BA1);
- Provide supporting documentation, including:
- A copy of a receipt of payment for the Construction Training Fund for the Construction Training Industry Fund levy, if the estimated value of the works exceeds $20,000;
- A copy of your site plan (minimum scale 1:200) showing the location of all existing and proposed structures, proposed setbacks, existing and proposed finished ground levels, easements etc.;
- A copy of signed engineers details certifying the structural integrity of the pool (excludes inflatable pools);
- A copy of the manufacturers brochure or specifications for the swimming pool or spa;
- A copy of details of the proposed safety barriers to demonstrate compliance with AS1926.1 – 2012 (or a separate building permit application is to be lodged);
- Pay the Application fee for an uncertified application and Building Services Levy.
You can lodge your application:
- Online using the City’s Planning and Building Online Application portal;
- In person at the City of Belmont, 215 Wright Street, Cloverdale;
- By mail to City of Belmont, Locked Bag 379, Cloverdale WA 6985.
Visit the Planning and Building Online Application portal
Fencing compliance
Your safety barriers must be compliant with Australian Standard 1926.1 – 1993 or 2012 as applicable.
All swimming pools/spas approved after 1 May 2016 are required to have a safety barrier complying with AS1926.1-2012. Please refer to the
DMIRS (Building and Energy) Rules for Pools & Spas Guide or the
Royal Life Saving website for more information about compliant safety barriers.
Read our fact sheet on swimming pool and spa safety barriers
Frequently Asked Questions
If you have questions about swimming pools or safety fencing, you might find the answer here.
Does a temporary blow-up swimming pool need a building permit and compliant safety fencing?
Yes, if you swimming pool is capable of holding water more than 300mm deep. You will need to comply with the requirements of the Building Regulations 2012 and AS1926.1-2012 as applicable, in the same way you would for any other permanent swimming pool.
When does the safety barrier need to be installed?
You will need a compliant safety barrier installed before your swimming pool or spa can contain water more than 300mm deep.
If you cannot install the permanent safety barrier immediately (due to compaction, paving, landscaping etc.) you will need to have a temporary barrier installed. Both temporary and permanent safety barrier are required to comply with AS 1926.1 and it is important that you are aware of the requirements.
To ensure you have installed a complying safety parrier, please contact the City’s Building Services team to discuss any proposed swimming pool barrier before you lodge your building permit application.
How often will the safety barrier be inspected?
Once the installation of the swimming pool or spa is completed, the City will need to inspect the safety barrier within 30 days.
Once compliant, the City is required to inspect the swimming pool or spa safety barrier at least once every four years. It is your responsibility to maintain the safety barrier at all times between inspections.
For a household with no children and no access from the street does a temporary above ground swimming pool still need a compliant safety barrier?
Yes. The risk may appear to be minimal but once a swimming pool contains water more
than 300mm deep, there is no exemption from complying with the requirements of the
Building Regulations 2012 and AS1926.1 – 1993 or 2012 as applicable.
Useful Links
For more information, please email
building@belmont.wa.gov.au or phone the City’s Building Services team on 9477 7425.