Quick Summary: If it holds more than 300mm of water and is used for swimming, paddling, or bathing — it's a pool under WA law and must be fenced. No matter how old it is, where it’s located, or what it looks like.
🔍 Is It Based on Appearance or Use?
WA legislation defines a pool by use and depth — not appearance. If it's used for swimming or paddling, it's a pool, even if it looks like a dam or ornamental pond. Actual or intended use trumps looks.
✅ What Must Be Fenced?
- In-ground and above-ground pools
- Portable/inflatable pools (if >300mm depth)
- Outdoor spas
Exemption: Fishponds and dams not used for swimming or paddling are excluded.
🧾 No Grandfather Clause
There is no exemption for pools built decades ago. Even if previously signed off without fencing, the current WA law applies. All pools deeper than 300mm must now be fenced unless in an extremely remote exempt zone.
📍 What About Location?
Some very remote shires may be exempt under Schedule 5 of the Building Regulations 2012. However, Toodyay is not exempt. If you live in Morangup or anywhere near the townsite, you must comply.
🔁 Do Shires Inspect Pools?
Yes. The Building Regulations 2012 require inspections at least every 4 years. Toodyay Shire is legally obligated to ensure compliance and will notify residents when their pool is due for inspection.
📚 Legal References
- Building Act 2011 (WA)
- Building Regulations 2012 (WA), especially Regulation 50 & 53
- AS1926.1–2012 – Current standard for safety barriers
- Schedule 5 – Lists areas where pool rules apply
📞 What You Should Do
- Check if your pool is registered with the Shire
- Confirm when your last inspection was
- Get your fencing up to standard if needed
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 👈🏻
Need help? Contact Toodyay Building Services or visit the WA Building and Energy website.
Let’s keep the kids safe and the fines away.
🧠 Want to go deeper?
For the full legal breakdown of Western Australia's pool barrier laws — including definitions, exemptions, compliance standards, and inspection obligations — see our detailed companion article:
👉 WA Pool Barrier Laws – Full Compliance Guide for 2025