The new reforms aim to improve safety standards for all home swimming pools and spas. Below are the key requirements:

1. Maintenance:
   From 1 May 2024, all pool and spa barriers must be maintained as effective, child-resistant barriers. Gates must self-close and self-latch when not in use.

2. Prescribed Safety Standards:

   • Pools constructed before 1 May 2013 must meet modern safety standards by 1 May 2028, specifically the 2022 Building Code of Australia (BCA) and associated Australian Standards.

   • Pools built after 1 May 2013 must already comply with these standards.

3. Compliance Certificates:

   • From 1 May 2024 to 30 April 2028, pools built before 1 May 2013 must obtain compliance certificates.

   • Certificates must be lodged with the Government within 30 days of issuance and will remain valid until 30 April 2032.

4. Sale and Lease Requirements:

   • During the transition period, all pools and spas must include compliance details when being sold or leased. After 1 May 2028, prescribed information, including compliance certificates and disclosure statements, must be provided.

• 1 May 2024: Reforms commence, including the requirement to maintain compliant barriers and obtain compliance certificates for older pools.

• 1 May 2028: All older pools must meet modern safety standards and disclose compliance during property transactions.

For a comprehensive overview of the reforms, visit the ACT Government's page: Home Swimming Pool Safety Reforms.

The new rules apply to all ACT home swimming pools and spas that can contain water to a depth greater than 30cm and are associated with a residential building such as a house, unit, townhouse or block of apartments. This includes in-ground and above-ground pools, temporary and permanent pools, wading pools, demountable pools, portable pools, kids’ pools and spas.

It will not apply to swimming pools in tourist and visitor accommodation such as hotels, motels and caravan parks. Swimming pools in these types of accommodation generally have more secure fencing and access restrictions, such as requiring access through secure doors with a pass, code or key. Extending the new rules to these pools may be considered in the future. The new rules do not apply to public swimming pools, which are already subject to specific regulatory requirements in the ACT under the Public Pools Act 2015.

Any building that has both a residential and a commercial element is covered.

Currently spas and swim spas are subject to the same requirements as all home swimming pools in the ACT. This means that a spa should have a safety barrier which complies with the Building Code of Australia as adopted in the ACT from time to time.

When the scheme commences, a spa installed before 1 May 2023 will not be required to comply with the prescribed safety standards if:

• it is covered and secured by a lockable child-resistant structure (such as a door, lid, grille or mesh), or

• is located on the balcony of an apartment where self-closing and self-latching doors and/or windows restricts access.

If your spa was built, altered or installed on or after 1 May 2023, it will require a pool safety barrier compliant with the requirements contained in the building code at the time it was built, altered or installed.

Under the scheme, home swimming pools and spas will need to have a pool safety barrier that complies with the "prescribed safety standards" by 1 May 2028.

For swimming pools and spas built or altered before 1 May 2023, this is:

• the current version of the Building Code of Australia and

• two Australian Standards which are Part 1 and Part 2 of Australian Standards for Swimming pool safety.

  • Part 1 (AS 1926.1 – 2012) relates to safety barriers for swimming pools and

  • Part 2 (AS 1926.2 – 2007) is about the location of safety barriers.

The Building Code and these two Australian Standards are the current safety standards which stop young people accessing pools and lessen the risk of drowning.

For swimming pools and spas built or altered on or after 1 May 2023, this is:

• the Building Code of Australia and

• the Australian Standards called up by the Building Code at the time the swimming pool or spa is built or altered.

New pools will need to be built to meet new standards if they are updated in the future.

The Building Code and adopted Australian Standards set the modern safety standards which stop young people accessing pools and lessen the risk of drowning.