WA Pool Fencing Requirements and Definitions
Definition of a ‘Private Swimming Pool’ – Use vs Appearance
Under Western Australian law, a “private swimming pool” is defined by its use and association with a residence, not by its shape or name. The WA Building Regulations 2012 define a private swimming pool as any swimming pool associated with a dwelling (Class 1a house or small residential building) that can hold more than 300 mm of water
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👉🏻Rules for Pools and Spas: A guide to the requirements for safety barriers in Western Australia —PDF DOWNLOAD 👈🏻
Importantly, the Building Code of Australia (adopted in WA) defines a “swimming pool” by purpose – essentially any structure or excavation used primarily for swimming, wading, paddling or similar activities (this includes spas) is a swimming pool for legal purposes.
This means that even if a structure looks like a dam or ornamental pond, if in practice it is used for swimming or paddling, it meets the definition of a pool. For example, an ornamental fishpond not used for swimming or wading is not required to have pool fencing (wa.gov.au).
However, if that same pond or dam is actually used for swimming/paddling, it would be treated as a “private swimming pool” and require a safety barrier, regardless of its appearance or original design.
In short: intended or actual use trumps physical appearance in determining whether a water body is legally a pool that must be fenced.
Mandatory Safety Barriers for Pools Deeper Than 300 mm
WA law requires all private swimming pools and spas capable of holding water deeper than 300 mm (30 cm) to have a compliant safety barrier. Regulation 50(1) of the Building Regulations 2012 states that each owner and occupier of premises with a private pool >300 mm deep must install and maintain a barrier restricting young children’s access (legislation.wa.gov.au).
This requirement covers all types of pools – in-ground, above-ground, indoor, outdoor, portable/inflatable pools, spa pools, etc., if they exceed the 300 mm depth threshold (wa.gov.au).
The WA Department of Mines, Industry Regulation and Safety (Building and Energy) emphasises: “All private swimming pools, including spa pools and temporary and portable pools, that have a depth of water more than 30 cm must have safety barriers…” (wa.gov.au).
An inflatable or above-ground portable pool that can be filled beyond 300 mm is subject to the same fencing laws as a permanent pool.
The goal is to prevent unsupervised access by young children, as drowning in unfenced pools is a leading cause of accidental death in children under 5. Non-compliance can result in significant fines.
Always consider how the water is used – the law is meant to protect children wherever a hazard exists, regardless of what the owner calls the structure.
No Grandfathering – Old Pools and Previous Approvals
There is no “grandfather” clause in WA that allows older pools to remain unfenced. All private pools capable of 300 mm+ depth must have a compliant barrier now, even if they were built or approved in an era with laxer rules.
The Building Regulations make this clear by applying the barrier requirement to “each owner and occupier” of a private pool >300 mm deep (legislation.wa.gov.au).
What is grandfathered is the standard of the barrier – not the existence of one.
Pools installed before 1 May 2016 can comply with AS 1926.1-1993 (with limitations), and those before 5 Nov 2001 may include child-resistant doors – but only if they were compliant at the time (wa.gov.au).
Bottom line: all pools must be fenced.
Older pools in limited circumstances —may, where inspected and approved by council, use legacy barrier styles, but an unfenced pool is not allowed.
Rules for Pools and Spas: A guide to the requirements for safety barriers in Western Australia —PDF DOWNLOAD 👈🏻
Location-Based Requirements and Remote Area Exemptions
WA’s fencing laws are state-wide, with only narrow exceptions for very remote areas. Schedule 5 of the Building Regulations 2012 lists which areas pool fencing applies to (legislation.wa.gov.au).
For most areas (including Morangup and the Shire of Toodyay), fencing is mandatory.
The “remote area” exclusion applies only to a handful of districts (e.g. Murchison), and even then only outside of townsites. Toodyay is not exempt.
Being rural or outside a townsite is not a valid exemption.
Local Government Inspection Obligations (Shire of Toodyay)
Under the Building Act 2011 and Building Regulations 2012, all WA councils must inspect pool barriers at least once every 4 years (legislation.wa.gov.au).
The Shire of Toodyay must maintain a pool register and contact owners when inspections are due. Inspection fees may be charged (usually via rates notices).
Compliance is assessed not just on presence of a barrier, but also condition, gates, latches, and access points. Failing inspections can result in enforcement orders or penalties.
Inflatable and Above-ground Pools – Fencing Required if >300 mm
In WA, inflatable and above-ground pools that can hold more than 300 mm of water must have compliant fencing. This applies even if the pool is temporary or portable (wa.gov.au).
Children have died in shallow, unfenced temporary pools. The law closes that loophole. If it's deeper than 30 cm – it’s legally a pool. Fence it or drain it.
Keeping it empty may not suffice if it’s left erected long-term – the 4-year inspection rules may still apply.
State Standards and Override of Local By-Laws
Pool fencing laws are set by State legislation, and override any outdated or conflicting local by-laws.
The current standard is AS 1926.1–2012, referenced in the NCC and enforced under the Building Regulations 2012 (wa.gov.au).
Local governments cannot create weaker rules, and cannot exempt properties from State requirements. There is no legal basis for "acreage exemptions".
Consistency and safety are the goals. All WA councils must follow the same rules – from Perth suburbs to bush blocks in Morangup.
Ultimately
If your pool (permanent, inflatable, or makeshift) is deeper than 300 mm and is used or capable of being used for swimming or wading – it must be fenced under WA law.
There are almost no exemptions. There is no grandfathering. Inspections are required every 4 years. And yes – the Shire of Toodyay enforces these laws.
Protect kids. Avoid fines. Know the law.
Sources
- Building Regulations 2012 (WA) – Regulation 3, 50, 53, and Schedule 5
- Building Act 2011 (WA)
- WA Building and Energy – Pool and Spa Safety Barrier Guidelines (updated Feb 2025)
- AS 1926.1–2012 and AS 1926.2–2007 – Australian Standards for pool fencing
- NCC (Building Code of Australia) – adopted by WA via the Building Regulations 2012