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Any home swimming pool or spa that can hold water deeper than 30cm and is associated with a residential property, a house, unit, townhouse or apartment block. That includes in-ground and above-ground pools, temporary and permanent pools, demountable and portable pools, and wading and kids’ pools. Spas are exempt when secured with a lockable child-resistant cover, see the spa question below. The rules don’t apply to hotel, motel or public pools, which are regulated separately.

Since 1 May 2024, every ACT pool owner must keep their safety barrier properly maintained and keep all doors, gates and covers providing access to the pool securely closed whenever it’s not in use, offence provisions apply for both. Disclosure obligations also already apply whenever a property with a pool is sold or leased.

From 1 May 2028, every home pool and spa in the ACT must have a safety barrier that meets the prescribed safety standards. Pools built, altered or installed before 1 May 2013 must obtain a compliance certificate before that date and lodge it with the ACT Government within 30 days of it being issued. Certificates obtained during the transition period remain valid until 1 May 2032; certificates issued from 1 May 2028 are valid for five years.

For pools built or altered before 1 May 2023, it’s the current Building Code of Australia together with two Australian Standards: AS 1926.1–2012 (safety barriers for swimming pools) and AS 1926.2–2007 (location of safety barriers). For pools built or altered after 1 May 2023, it’s the Building Code and the standards it called up at the time of the work. You can view the standards free through the Standards Australia online Reader Room, link in the resources below.

Not by the 2028 deadline, pools built, altered or installed from 1 May 2013 were already legally required to meet the safety standards when built, so no certificate needs to be lodged by 1 May 2028. From that date, though, you’ll need a compliance certificate (or a certificate of occupancy less than five years old covering the pool and barrier) whenever you sell or lease the property.

The scheme includes a compliance and enforcement framework, and offence provisions already apply for failing to maintain a barrier and failing to keep gates and doors closed. A non-compliant pool also complicates any sale or lease, since disclosure obligations apply. The practical answer: don’t plan to find out, the ACT Government’s reforms page sets out the obligations, and acting early leaves time for rectification work.

The scheme was created by the Building (Swimming Pool Safety) Legislation Amendment Act 2023, which inserted the pool safety provisions into the Building Act 2004. The Ministerial Exemption Guidelines (DI2024–82) cover waivers, and everything is freely available on the ACT Legislation Register.

The standard requires a 900mm-radius non-climbable arc around the top of the pool barrier, free of anything a child could use to climb, pot plants, BBQs, retaining walls, tree branches, horizontal rails, even objects on the neighbour’s side in some configurations. There are four different NCZ requirements depending on the barrier setup, with separate rules where boundary fences form part of the barrier and where barrier sections intersect. Our NCZ & fence details diagram sheet shows exactly how the zones are measured, it’s the clearest reference we know of.

Gates must swing outward away from the pool, self-close and self-latch from any position, and have a latch release either at least 1500mm above ground or shielded so young children can’t reach it. Worn springs and latches that no longer self-latch are among the most common failure points we find.

Yes, if it meets the requirements, which generally means 1800mm high on the pool side with a compliant non-climbable zone. If a shared boundary fence needs upgrading, the ACT Government’s guidance is to agree the work and cost-split with your neighbour first; if you can’t agree, either party can apply to the ACT Civil and Administrative Tribunal (ACAT) for a determination under the Common Boundaries Act.

Windows opening into the pool area below 1800mm must be fitted with bars or a screen, fixed shut, or restricted to open no more than 100mm. A door generally can’t form part of an outdoor pool barrier, a house wall with a back door in it can’t be used as barrier for an outdoor pool. Balcony balustrades that protrude into the non-climbable zone must also comply with the NCZ requirements.

No, spas are exempt from the pool barrier requirements. A spa doesn’t need a fence-type barrier around it provided it’s covered and secured by a lockable child-resistant structure such as a compliant door, lid, grille or mesh, or is located on an apartment balcony where self-closing, self-latching doors restrict access. If you’re unsure whether your spa cover qualifies, call us and we’ll give you a straight answer.

A purely inflatable pool with no frame and no filtration system isn’t covered by the scheme. If it has a frame or a filtration system, it’s a demountable pool and the rules apply, though there’s an exemption for temporary or demountable pools up for no more than three consecutive days. Above-ground pool walls can act as the barrier if they’re factory-fabricated, at least 1200mm high from the outside, and non-climbable, with a barrier around any permanent ladder or access point.

Requirements have changed dramatically over the years, pools built in the 1970s only needed a 1.07m fence with no climbability rules at all, while each later era added more. The ACT Government has published factsheets comparing what applied when your pool was built against what the 2028 standards require. Download the one that matches your pool’s era from the resources below, it’s the best preview of what an inspection is likely to find.

If you don’t know when your pool was built, a pool installer or SPASA member can usually advise, that’s us. You can also request a building file search from Access Canberra, which may hold records if a certificate of occupancy was issued or the pool was previously inspected. During the transition period, sellers are only expected to disclose what’s reasonably within their knowledge.

A waiver, formally a Ministerial exemption, excuses a pool from all or part of the safety standards where a compliant barrier can’t reasonably be achieved. The accepted grounds are: the site is unable to physically accommodate a compliant barrier; a protected tree is in the way; heritage significance; accessibility needs; or documented plans to demolish the pool. The full criteria are in the ACT Government’s Ministerial Exemption Guidelines, and an exemption certificate can then be used for disclosure when selling or leasing.

1. Read the official Exemption Guidelines to confirm your ground applies. 2. Complete the Ministerial Exemption application form (also available on the ACT Government reforms page). 3. Attach supporting evidence, incomplete applications aren’t considered, so photographs, site plans, arborist or heritage documentation matter. 4. Submit to the ACT Government as directed on the form. All waiver applications are assessed and granted by the ACT Government, not by inspectors, the reforms page is the authoritative source for the process.

Separate from Ministerial waivers, the legislation also provides standing exemptions, circumstances prescribed by regulation where a pool is automatically exempt from the safety standards without applying. The temporary-pool allowance (demountable pools up for no more than three consecutive days) is one example. The details live in the legislation and on the ACT Government reforms page.

Yes, and documented plans to demolish the pool are themselves a ground for a waiver in the meantime. Once a pool is permanently decommissioned so it can no longer hold more than 300mm of water, it’s no longer a regulated swimming pool. Demolition may involve its own approvals, so check with the ACT Government before starting work.

Until 1 May 2028, anyone selling a property with a pool or spa built before 1 May 2023 must provide the ACT Government’s Pool Owners Guidance Material, plus at least one of: a swimming pool disclosure statement; a certificate of occupancy covering the pool and barrier that’s less than five years old; a compliance certificate; or a Ministerial exemption certificate. The ACT Government’s official guide to disclosure obligations during the transition period sets out exactly what’s required.

Yes. Owners of leased properties carry the same barrier maintenance obligations, and disclosure requirements apply when leasing a property with a pool or spa. Tenants share the day-to-day obligation to keep gates, doors and covers securely closed whenever the pool isn’t in use. Landlords should check the ACT Government reforms page for the current leasing requirements.

Compliance certificates are issued by authorised inspectors under the scheme. Total Pool Services is taking barrier inspection bookings, covering compliance status certificates, disclosure statements and reinspections. Book an inspection, or see the ACT Government’s pool safety page for how the scheme works.

Certificates must be lodged with the ACT Government within 30 days of being issued, and, for pre-May-2013 pools, before the 1 May 2028 deadline. Lodgement details are on the ACT Government reforms page, with government services available through Access Canberra.

Very common, and not a penalty. The owner receives a defect report identifying what doesn’t comply, fixes the issues (most are simple, gate hardware, climbable objects, small gaps), and arranges a reinspection to complete certification. Nothing starts from scratch.

Climbable objects inside the non-climbable zone, gate latches and springs that no longer self-latch, gaps over 100mm under or between panels, barrier height reduced by garden build-up or new paving, and vegetation growing against the fence. Nearly all are inexpensive fixes, if you find them early.

Thousands of ACT pools need certification before May 2028, and many will need rectification work first, fencing, landscaping, gate hardware, before reinspection. The closer the deadline gets, the harder it becomes to book inspectors and trades. Acting now means no queue and time to fix anything properly.