Search This Site
Banyule BPi - Home
Banyule BPi - Building Permits & Inspections

Swimming Pools

What is a Pool or Spa?

Swimming pool means any excavation or structure containing water and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa.
Do I Need a Building Permit for a Pool or Spa?

A building permit is required for a swimming pool or spa that is capable of holding water at a depth of more than 300mm, as well as for the safety fence or barrier which must be installed for the same.
The objective of the safety fence or barrier is to restrict unsupervised access of young children to swimming pools or spas. To do this any swimming pool or spa associated with a house, units or residential building with a depth of water more than 300mm must have suitable barriers or safety fencing.

Boundary fences can only be used when a child cannot gain access under, over or through the fence. The Dwelling can be used as a barrier however any doors and windows leading into this area must be child-resistant.
Safety Fencing for Swimming Pools and Spas

The doors and gates-

i) must swing away from pool;
ii) must be fitted with a self latching device;
iii) must be fitted with a closer;
iv) must have the release for the latching device not less than 1.5 meters above the floor;
v) must not provide a toe hold wider than 10mm from the latch to within 100mm of the floor.

 The windows -

i) must be fitted with grilles with no opening greater than 100mm,
or
ii) must not open sufficiently to create a gap greater than 100mm,
or
iii) the opening panel must be a minimum 1.2 meters above the floor with no footholds down to 1.2 meters from the opening.

 All other fencing must comply with AS 1926-1993 which requires 1.2 meter high fences with gates opening out, with self closing and latching with the latch 1.5 meters above ground level and providing no footholds otherwise protected in accordance with the standard.

Tool sheds, garages, barbecue, clothes lines and the like should not be contained with the fenced area and that no trees, garages or the like should overhang the area or provide footholds to facilitate climbing the fence.

The provision of fencing does not eliminate the need for proper adult supervision.

Typical Fences


The examples below serve to identify the significant dimensional requirements that need to be met to enable a fence to comply with the standard.

Post and Rail Construction.

For fences constructed of palings, galvanized steel, fibre cement (fibro), aluminium or similar profiled or flat wall materials, the significant dimensions are as follows:

i) The rails, if located on the outside of the fencing, are to be not less than 900mm apart measured between the top surfaces of the rails.

ii) The top surface of the lower rail is to be at least 1.1m form the top of the fencing.

The effect of these similar requirements in (c), (d) and (e) below is that there should be a height of at least 900mm clear of any potential handholds or footholds, and that any footholds at the bottom of this clear distance should be at least 1.1 m from the top of the fencing.

Picket fences must also meet these requirements if pickets are spaced more than 10 mm apart or the rails are on the outside. In any event, pickets must not be spaced more than 100 mm apart.

b) Perforated materials, wire mesh or fabric fences. For fences of this type, the significant dimensions are as follows:

i) Material with openings up to 12mm, pool fencing must be a minimum of 1.2m in height.

ii) Material with openings between 12mm - 50mm the fence must be a minimum of 2.4m in height.

iii) Material with openings greater than 50mm nominal shall not be used.


In order to meet the requirements of the standard, it will generally be necessary for the material to be firmly fastened top and bottom; and tightly strung.

c) Fabricated metal fences. For fences fabricated from small section steel aluminium or other suitable metals, the significant dimensions are as follows:


i) Vertical members are to be spaced not more than 100mm apart.

ii) Horizontal members are to be placed a minimum of 900mm apart vertically.


Where there are two or more horizontal members, the 900mm measurement is made from the top surface of the highest member to the top surface of the lowest upper member.

iii) The top surface of the lower group of the horizontals is to be at least 1.1m below the top of the fencing.

d) Infill plain fences. For fences constructed of glass fibre reinforced plastics, reinforced glass, timber, plywood, exterior grades of hardboard or other shed products in framed ledge or panel construction, the significant dimensions are as follows:

i) Any potential climbing holds are to be at least 900mm apart vertically.

ii) The lower of any climbing holds between which the vertical distance of 900mm is measured is to be at least 1.1m below a height of 1.2m is not to exceed 100mm.

iii) The width of any openings below a height of 1.2m is not to exceed 100mm.

In addition, it will be necessary to ensure that sheet material is sufficiently rigid and adequately fixed to its frame.

e) Brickwork or masonry fences. For fences constructed of bricks, blocks or masonry, the significant dimensions are as follows:

i) Any projections, indentations or combination of these having a depth greater than 10mm are to be spaced at least 900mm apart vertically.

ii) The lower of any such projections or indentations is to be at lest 1.1m below the top of the fencing.

Natural features such as rock faces that form part of the fence would be acceptable provided that they meet the requirements of the standard.

f) Brushwood Fences. For fences constructed of woven brushwood, the significant requirements are as follows:

i) Brushwood must be tightly packed so that it will meet the requirements in Clause 3.2.

ii) Wires on the outside of the fence must be interwoven brushwood, in order not to provide a foothold for young children.

It may also be necessary to provide some sort of capping on the top of the fence to prevent birds from picking at the brushwood twigs.

g) Retaining Walls. Where a vertical or near vertical retaining wall not less than 1.2m high supports the pool and the surface of the wall complies with Clause 2.5, a fence complying with this standard is not required on top of the wall. A Fence which will prevent people from falling off the retaining wall should, however, be installed on top of the wall.


Print Version  |  Last Updated: 29.11.2007