Swimming Pools 

Building legalisation and guidelines

Private swimming pools and spas are defined as bodies of water used for the purposes of swimming or wading, which the public is not permitted to use.

For the safety of pool owners and the wider community, laws and guidelines around pools and spas are in place.

A Building Permit approval is required for all swimming pools and spas and the associated safety barrier. Either the property owner or the party contracted to construct/install the swimming pool or spa and safety barrier must submit the application.  

Swimming pools, spas, and fencing are all Class 10b structures, and there are no requirements for a registered builder to undertake the works.

Download the Swimming Pools & Safety Barriers Building Information Sheet   to learn more about installing a pool. 

Safety barrier requirements

Child jumping into a backyard pool

In Western Australia, private swimming pools and spas with water that is more than 300mm deep must have a compliant barrier installed.

This is intended to help prevent the drowning deaths and injury of young children under the age of five years.  

This requirement applies to: 

  • In-ground pools and spas 
  • Above-ground pools and spas, including inflatable and portable pools and spas 
  • Indoor pools and spas, but not spa baths that are normally emptied after each use 
  • Wading pools containing water that is more than 300mm deep. 

The Building Regulations 2012 require all new swimming pools and spas to be provided with a safety barrier complying with Australian Standard – AS1926.1-2012 

When you submit your application, preliminary inspections are arranged to discuss the proposed location of the pool barrier to identify any issues that may need to be addressed before construction. 

Download the Rules for Pools and Spas Booklet for full details of the barrier requirements for your pool. 

Installation & Removal 

Apply for a Building Permit

Download the Swimming Pools & Safety Barriers Building Information Sheet to learn more about installing a pool. 

Download an Building Permit Application Form to start your approval process.  

Removing a pool

Contact the Shire of Capel, if you have removed or decommissioned a pool. If a Swimming Pool or Spa has been removed from your property a Removal Notification form must be submitted and a final inspection arranged.

Swimming Pool & Spa Inspection Safety Program

Inspections Dates

Pool fences are required by legislation to be inspected for ongoing compliance a minimum of once every four years. The four-year period commences from the date compliance is achieved after installation of a pool fence around a new pool or spa. 

Pool inspectors are authorised to enter a property to conduct an inspection under the Building Act 2011.

Inspections to be undertaken have been divided into four areas.

Map of the Shire of Capel showing swimming pool inspections zones

Inspection Fees

We collect fees that are set annually by the Building Commission.

You will be charged a quarter of the inspection fee every year, covering the inspection carried out every four years.

  • Four yearly inspections - $116.80
  • Annual Charge (1/4 of the four yearly fee) – $29.20
  • Client initiate inspection fee - $182
  • Additional fees of $182 may incur if we need to do a follow up inspection (due to non-compliance) – permitted under Building Regulations 2012.