Frequently Asked Questions

Do I need a Building Permit for a small pool or outdoor spa?

Yes, under Building Regulations 2006, any construction of a swimming pool or spa with a depth of greater than 300mm requires a Building Permit.

How long does it take to get a Building Permit?

Once we have lodged the Building Permit application after discussion & confirmation with our clients, we generally anticipate that the Building Permit will come through within 2 weeks.

What is the difference between a Planning Permit and a Building Permit?

A Planning Permit relates to the appropiate use of the land or building whereas a Building Permit relates to the structural stability and safety of the building works. A Planning Permit can be issued without a Building Permit but a Building Permit cannot be issued with its required Planning Permit. Essentially the Planning Permit (if required) must be obtained first prior to the issue of a Building Permit.

There is an easement on the property – what does it mean?

An easement is a right to use a defined part of your property without owning it by a specified authority. It is created to ensure that infrastructure such as stormwater drains and sewerage pipes can be repaired, upgraded or maintained. It also means that you are expected to keep this area free from obtsruction and are required to allow the contractors or staff of the authority access to this easement at all times. Depending on what you are intending to build, you may be allowed to build on this area subject to firstly, obtaining consent from all relevant authorities including the local council. You may check your land title to establish who owns this easement.

Why do certain fees vary from property to property?

While certain fees are prescribed by the State Government, many are not. Consequently, the local councils have a right to charge what is deemed appropriate for the services they provide. Similarly, Water authorities such as Yarra Valley Water and City-West Water have different fees for a similar service.

The local council has issued a notice to obtain an Asset Protection Permit – what is this?

This Permit is required in order to protect Council assets such as footpaths, kerb and channel, trees, pits/drains and nature strips from damage during the transportation of equipment, machinery and building materials across the road reserve and or working over or near Council drainage infrastructure onsite. This permit is required where the Council has deemed it necessary for the proposed building works, with exemptions given to minor building works.

When can the Pool or Spa be used after the construction is complete?

After all the required inspections are carried out and approved, including the Safety Barriers, a Certificate of Final Inspection would be issued. At this point, you may then enjoy using the Pool and Spa.

How do I know if the barrier around my swimming pool complies with the law?

We can inspect your pool and provide you with a certificate of compliance for your pool so that you know that it meets the required safety standards applicable to your pool.

What are the penalties if I fail to meet the Victorian legislation?

Certificate of non-compliance lodgement: $385. This is the fee you will need to pay if your pool/spa is inspected and the safety barrier cannot be made to comply with the applicable barrier standard.

Failure to lodge certificate of barrier compliance by date specified up to $1,652.20

Failure to lodge certificate of barrier non-compliance by date specified up to $1,652.20

Failure to comply with barrier improvement notice by date specified up to $1,652.20

All above-mentioned fees are based on the 2019/20 financial year.

I am installing a new pool or spa. Can I use a door from my dwelling into the outdoor pool area?

No, for new safety barriers installed from 1 May 2010, direct access from any building into an outdoor pool area is not permitted.