Rules for Pools and Spas

The short version

In Western Australia, any swimming pool or spa pool that can hold water more than 300mm deep must be surrounded by a permanent child-resistant safety barrier. The barrier has to be at least 1200mm high, have no gap under it bigger than 100mm, have no gap between uprights bigger than 100mm, and have nothing climbable within the 900mm non-climbable zone. Gates must swing away from the pool, close and latch by themselves every time, and the latch release must sit at least 1500mm above the ground.

Your local council inspects the barrier at least once every four years. If it fails, you are the one who gets the infringement — not your builder, not your installer.

The rest of this page explains each rule in plain English, and tells you which three things actually fail inspections in Perth.

Which pools and spas need a barrier

The rules apply to private swimming pools and spa pools with the capacity to contain water more than 300mm deep. That includes:

• In-ground and above-ground swimming pools
• Spa pools
• Portable and inflatable pools — yes, the ones from the hardware store. If it holds more than 300mm of water, it needs a barrier.

No, a lockable spa cover is not a substitute for a barrier

This one catches people out, because some other states allow it and Western Australia does not. Building and Energy answers it directly in the official booklet: placing a cover over a spa pool, even a lockable one, does not satisfy the safety barrier requirements. Safety barriers must be permanent, restricting access at all times.

A spa bath is different — a bath installed in a bathroom, filled immediately before use and drained after, is not a spa pool and is not caught by these rules.

What the barrier has to separate

The barrier has to restrict access to the pool from the street, from adjoining properties, and from every habitable building on the property. In practice that usually means the pool is fenced off from the house, not just from the street.

Barrier height — 1200mm, and how it's measured

The minimum height is 1200mm, measured on the non-poolside (the outside), perpendicular to the finished ground level.

Two things trip people up here:

• Ground level changes. A fence that is 1200mm on flat ground can drop below 1200mm where the lawn slopes up, or where a garden bed, retaining wall or paving has been built up against it later. The measurement is taken at every point along the fence, not once at the gate.
• Lean. A barrier must be designed to be vertical. It must not lean towards the pool at all, and must not lean away from it by more than 15 degrees. Aluminium panels pushed out of plumb by a wind event or a reversing trailer can fail on this alone.

The 500mm clear zone at the base

Separately from the non-climbable zone, the booklet is specific about anything that eats into the height: objects, steps, retaining walls or ground level changes that reduce the minimum height of the barrier must not be within 500mm of it, on the side where that height is measured.

This is the rule that catches new paving, a raised garden bed, or a retaining wall built up against an existing fence years after it was signed off.

Gaps — the three 100mm rules

• Under the barrier: the gap between the bottom of the fence and stabilised ground must be no more than 100mm. "Stabilised" matters — loose mulch or sand that a child can scrape away doesn't count as ground level.
• Between vertical members: no more than 100mm. This is why standard pool fence pickets are spaced the way they are.
• Under a gate: also no more than 100mm.

The non-climbable zone — the rule most people have never heard of

This is the one that catches out the most homeowners, because it has nothing to do with the fence itself and everything to do with what's near it.

The non-climbable zone (NCZ) is an imaginary 900mm quadrant — think of a quarter-circle with a 900mm radius — measured from the top of the barrier, sweeping outwards and downwards. Nothing inside that arc may give a child a foothold or a handhold.

Things that routinely breach it:

• Air-conditioning condensers and pool pump housings
• Bins, pot plants, planter boxes and raised garden beds
• Retaining walls and steps built after the fence went in
• BBQs, outdoor furniture, kids' play equipment, trampolines
• Tree branches and shrubs stiff enough to climb

There is also an NCZ on the poolside — an area 900mm high by 300mm deep — which applies where the barrier has gaps wider than 10mm between vertical members.

The practical takeaway: clear a 900mm arc around the outside of your pool fence and keep it clear. A compliant fence with a wheelie bin parked against it is a non-compliant barrier.

Handholds, footholds and horizontal rails

Horizontal rails are effectively a ladder, so the standard treats the space between them as a non-climbable zone: handholds and footholds must be at least 900mm apart, so that a 900mm non-climbable zone fits between them, and nothing may sit inside that zone. Where a horizontal surface falls within a non-climbable zone, it needs a 60-degree wedge or chamfer on the top so a foot can't rest on it.

This is one reason Frameless Glass and Blade fencing pass so easily — there is nothing horizontal to stand on.

One useful exception: a safety barrier other than a boundary barrier that is 1.8m or higher may be climbable on both sides, unless it intersects another safety barrier that has a non-climbable zone. If you're working with an awkward site, going taller can be simpler than going non-climbable.

Gates — where inspections are actually failed

Propped-open gates, faulty latches and gates that don't self-close properly are the most common barrier failures Building and Energy warns about. Every gate in a pool barrier must:

• Swing outwards, away from the pool. Gates may not slide sideways, may not open inwards towards the pool area, and may not open into buildings or doorways.
• Self-close from any open position — including from just a few centimetres ajar — using a device that returns it to the closed position. This is what self-closing hinges are for; ordinary gate hinges do not comply.
• Self-latch — the latch must secure the gate automatically when it closes, without manual assistance.
• Have no gap over 100mm underneath it.

A gate that closes but bounces off the latch and swings back open is a fail. So is a gate that needs a nudge to catch.

Latch height

The latching device must automatically secure the gate when closed, without manual assistance, and must not allow the gate to re-open without proper use of the latch. There are two compliant options for where the latch release sits:

Option 1 — the high latch. The latch release is at least 1500mm above the finished ground level, measured on the non-poolside. This is the usual arrangement, and it's why pool gate latches are top-pull units mounted high on the gate.

Option 2 — the shielded poolside latch. The latch release sits on the poolside, and to reach it from outside you must reach over or through the barrier at a height of at least 1200mm above ground level and at least 1000mm above the highest of the low horizontal members. It must also have shielding of at least 450mm radius with no gaps over 10mm, sit at least 150mm below the top of the gate (or the edge of the handhole), and not be releasable by poking an implement through the 10mm opening.

Building and Energy also recommends — though it is not mandatory — that the latch release sit at least 1400mm above the highest lower foothold, usually the top of the gate's lowest horizontal rail. Compliant pool gate latches are designed around these dimensions; a general-purpose garden gate latch is not.

Boundary fences as part of the barrier

If your side or rear boundary fence forms part of the pool barrier, you have two options, and the choice matters more than most people realise.

The poolside option — 1800mm (usually the better choice)

The boundary barrier must be at least 1800mm high measured on the poolside, from the finished ground level directly abutting its base. Nothing climbable within a 900mm quadrant measured from the top, extending away and downwards on the poolside. The portion of the fence beneath that quadrant may be climbable, as long as the height is maintained.

Building and Energy calls this the preferred choice in most circumstances, for a simple reason: compliance sits entirely within your control. The neighbour's side can be lower and climbable and it doesn't matter.

The non-poolside option — 1200mm (riskier than it looks)

The boundary barrier must be at least 1200mm high on the non-poolside, with no objects, steps, retaining walls or level changes that reduce that height within 500mm of it — on your neighbour's side. Non-climbable zones 1, 2, 3 and 4 all apply there too.

That's the catch. You're relying on land you don't control. If your neighbour stacks pavers against the fence, your pool barrier is non-compliant and you're the one who gets the infringement. And the booklet is blunt about what happens next: where the non-poolside option stops complying for any reason, the poolside option must be implemented immediately.

It suits fences abutting a verge, a park or public land, or where your pool sits on the high side of a significant retaining wall. For a normal shared fence between two houses, the 1800mm poolside option is the safer build.

If your pool predates 1 May 2016

A third alternative exists: a boundary barrier at least 1200mm high, with its highest lower foothold at least 1100mm below the top of the fence and at least 900mm below its lowest higher handhold, and nothing climbable within a 1200mm lower quadrant. See how old is your pool below — the age concessions are a bigger deal than most people realise, and they can be lost.

One more thing: many local governments have their own fencing local laws setting minimum dividing fence heights. Those apply on top of the pool rules — check with your council before you extend a boundary fence.

Windows and doors that form part of the barrier

Where a wall of the house forms part of the barrier — common with courtyard and lap pools — the openings in that wall are regulated too:

• Windows with a sill less than 1800mm above the poolside floor must either have the openable portion restricted to a maximum 100mm opening, or be fitted with a metal security screen with horizontal gaps no wider than 100mm.
• Child-resistant doors are only permitted for indoor pools (or the indoor portion of a pool), and need a latch release at least 1500mm above the floor.

Glass fences — the standards that matter

Glass pool fencing must be Grade A safety glass complying with AS 1288 and AS/NZS 2208. Anything else is not legal in a pool barrier, regardless of thickness.

When you're buying, ask for the certification — not a claim on a website. Every glass panel we sell is 12mm Grade A toughened safety glass, NATA-accredited tested, and we'll provide the certificates on request. See the Frameless Glass range.

Mesh and perforated panels — the 13mm rule

This one is specific and worth knowing before you buy. A barrier that uses mesh or perforated material with holes or gaps over 13mm and up to 100mm must be at least 1800mm high — because holes that size give a toe a purchase. Where the gaps are 13mm or less, the barrier may be as low as 1200mm.

That's exactly why perforated aluminium panels work as a standard-height pool barrier where open mesh doesn't: the perforations are small enough that the panel is treated as a solid, non-climbable face. Check the hole size before you buy any mesh product for a 1200mm barrier.

How old is your pool? It changes which rules apply

This is the single most misunderstood part of WA pool compliance, and it's worth getting straight before you change anything. There are three tiers, and which one you're in depends on when the pool was applied for or installed — not when the fence went up, and not when you bought the house.

Tier 1 — pools from 1 May 2016 onwards

Must comply with AS 1926.1-2012 and AS 1926.2-2007. No concessions. Everything described on this page applies as written.

Tier 2 — pools applied for or installed before 1 May 2016

These may use AS 1926.1-1993 as an alternative compliance pathway, for components that wouldn't otherwise meet the 2012 standard. In practice this gives you two useful concessions:

• Boundary barriers — the pre-May 2016 alternative described above (1200mm high, highest lower foothold at least 1100mm below the top and 900mm below the lowest higher handhold, nothing climbable within a 1200mm lower quadrant).
• Openable windows — a different and more generous set of rules. Where a window forms part of the barrier with a poolside sill height under 2.4m, the restriction required depends on the sill height measured from inside: at 900mm or less you need a metal security screen with maximum 100mm horizontal gaps; between 900mm and 1200mm you may instead use a securely fixed frame with powder-coated aluminium or stainless steel flyscreen in good condition (nylon flywire is not accepted); above 1200mm no restriction is required, though it's still recommended.

Tier 3 — pools applied for or installed before 5 November 2001

These get everything in Tier 2, plus one significant extra: child-resistant doors may form part of the safety barrier, complying with AS 1926.1-1993. And for pre-November 2001 outdoor pools, those doors are permitted to slide sideways, open outwards, or even open inwards towards the pool.

Worth knowing, though: Building and Energy says child-resistant doors are one of the most common items found non-compliant by council inspectors, and that in general they are not considered as safe as isolation fencing. If you're on this concession, it's the part of your barrier most likely to fail — and the part most worth replacing voluntarily.

Three traps that cancel your concession

The older concessions are not permanent. Three common situations end them:

1. You replace the pool. If your existing barrier relies on the pre-May 2016 or pre-November 2001 requirements, that part must be replaced or modified to meet the newer requirements. A new pool behind an old fence usually means a new fence.
2. You add a spa to an existing pool area. Each pool is assessed on its own date. If the shared barrier leans on old concessions, either upgrade it, or the new spa needs its own compliant barrier.
3. You replace the barrier itself. Here's the good news — on a pre-May 2016 pool, a new barrier may still be built to the pre-May 2016 requirements. It just also has to meet the structural reliability and resistance requirements of the Building Code in force when it's installed (or when the permit application goes in). So replacing an old fence doesn't automatically drag you into the 2012 standard — but replacing the pool does.

If you're not certain which tier your pool sits in, your council's building surveyor can tell you, and it's a free phone call. It's worth making before you spend money — the answer changes what you're allowed to build.

What can't be used as a barrier

Almost anything durable can form a barrier — aluminium, steel, masonry, glass, fibre-cement, even brushwood — provided it complies and you can evidence that compliance. Two things that can't:

• Garage doors, roller doors and sliding gates, automatic or manual, are not covered by AS 1926.1 and are generally not permitted to form part of a safety barrier.
• Untested proprietary systems. Evidence of compliance is normally required, and it's difficult to produce for a system that was never tested. This is the practical reason to buy a system with documentation behind it.

And two common questions: a fishpond doesn't require a barrier, because it isn't used for swimming or wading — though it's still a drowning risk worth addressing. A toddler's plastic wading pool does, if it holds more than 300mm of water.

Telling the council you've finished — the step DIYers miss

First, the good news for DIYers: a pool fence generally does not require a building permit (there are specific exceptions — ask your council). The pool itself almost always does.

When pool or barrier work is completed, a Notice of Completion (form BA7) must be given to the local government within seven days. Missing that deadline is an offence: it can be dealt with by an infringement notice, or prosecuted in court, which carries a considerably higher penalty plus costs.

The council must then inspect within 30 days of becoming aware the pool is complete. After that initial inspection you fall into the four-yearly cycle.

Inspections — once every four years

Local governments in WA must inspect private pool and spa barriers at intervals not exceeding four years. Some councils inspect more often than that — the City of Swan, for example, publishes a three-year cycle.

Most Perth councils recover the cost through a small annual charge on your rates notice, so you are already paying for the inspection whether you think about it or not. New pools are usually charged a larger one-off initial inspection fee. Check your own council's schedule of fees and charges — the amounts vary considerably.

If your barrier fails, you'll be given a period to rectify it and then re-inspected.

Fines and penalties

Under the Building Regulations 2012, an owner or occupier who fails to maintain a compliant pool barrier commits an offence. It can be dealt with by an infringement notice — an on-the-spot fine — or prosecuted in the Magistrates Court, where the maximum penalty is significantly higher.

Ignoring a formal building order is a separate and far more serious offence under the Building Act 2011. Those penalties are an order of magnitude larger, escalate with each repeat offence, and at the top end can include a term of imprisonment.

Penalty amounts are set by regulation and are updated from time to time, so we don't quote figures here — your local government can tell you the current ones, and they are published in the Regulations.

The important part isn't the number. It's who it lands on: liability sits with the owner or occupier. If you've bought a house with an existing pool, the barrier is now your responsibility, not the previous owner's.

Does WA require a pool compliance certificate when you sell?

No. Unlike some other states, Western Australia has no mandatory pool barrier compliance certificate at the point of sale or lease. Building and Energy considered introducing one and decided against it in its 2021 decision paper on swimming pool and safety barrier control.

That said, real estate agents have their own obligations around disclosing material facts and ensuring a pool is safe, and a buyer or their agent may well ask for evidence that the barrier complies. And the four-yearly council inspection continues regardless of who owns the property — so the practical advice is unchanged: fix it before it's someone else's problem, because it will still be yours until settlement.

The three things that actually fail inspections

1. The gate. Hinges that have lost tension, a latch that no longer catches, or a gate that's dropped and drags. Self-closing hinges and magnetic latches are wearing parts — they don't last forever, and they're the cheapest thing on this list to replace. Replacement latches and hinges.
2. Something in the non-climbable zone. The fence was compliant the day it went in. Then came the pot plants, the new retaining wall, the pool pump cover, the bin.
3. Ground level changes. New paving, turf, or a garden bed built up against the fence, quietly reducing an effective 1200mm to 1130mm.

None of these three require a new fence. All three are a parts-and-an-afternoon job.

What to do next

• Fixing an existing fence? Start with the Pool Fence Parts & Hardware range — compliant latches, self-closing hinges, spigots, clamps and brackets, in stock in Perth.
• Replacing a fence? Use the fence calculators to price a complete DIY kit in Frameless Glass, Flat Top, Blade or PerfMesh. You get every part, and you install it yourself.
• Not sure which style suits? Read glass vs aluminium vs mesh, or what a pool fence costs in Perth.
• Not confident measuring up? Book a Site Inspection & Measure and we'll come out, measure the run and tell you exactly what you need — or read how to measure it yourself.

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A note on this guide. This is a plain-English summary of the requirements for private pool and spa barriers in Western Australia, current at the time of writing. It is a guide, not legal advice, and it does not replace the Building Regulations 2012, AS 1926.1-2012, or the advice of your local government's building surveyor. If your situation is unusual — an older pool, a barrier that uses the house wall, a heritage boundary fence — talk to your council. They would much rather answer a question than write an infringement.

Sources: Building and Energy, Government of Western Australia — Swimming pool and spa safety barrier requirements, and the Rules for Pools and Spas booklet.