Swimming pools with a depth less than 300mm and that do not incorporate a filtration system do not require development approval. Spa pools constructed in association with a dwelling, and are primarily used by the occupants of that dwelling, do not require development approval if their capacity does not exceed 680 litres.
Legislation that came into effect from 1 January 2004 requires all new above ground swimming pools deeper than 300mm and with a water filtration system to obtain development approval from Council.
In certain circumstances, swimming pools and spa pools do not require Development Plan Consent, only Building Rules Consent. This will be determined by Council's staff once you lodge your development application.
Existing swimming pools, built before 1 July 1993, must comply with the Swimming Pools (Safety) Act 1972 which requires a safety barrier, at least 1.2m high, to restrict access from outside the property. If you intend to sell your home you will then need to ensure that your swimming pool barriers comply with Ministers Specification SA 76D - Swimming Pool Safety.
Any new swimming pools (built from 1 July 1993) must comply with the Building Code of Australia (BCA). The BCA includes provisions which require child resistant doors and windows where they open directly into the pool enclosure.
All pools must have suitable safety barriers to restrict access by young children to the immediate pool surrounds, constructed in accordance with Australian Standard AS 1926.1 - 2007 (standards can be purchased from Standards Australia or SAI Global).
If you are obtaining development approval for a periodic swimming pool (ie. dismantled and stored at the end of summer), you are not required to obtain further approvals provided it is placed in approximately the same location within a two year period.
As a swimming pool owner, safety is your main concern. Reduce the risk of an accident occurring in your swimming pool by ensuring that your pool is adequately fenced and children are supervised at all times.
The Department of Planning and Local Government's website can provide additional information on swimming pool safety. Pool and Spa Safety
To obtain further information or to discuss your specific circumstances, please contact the City of Victor Harbor on 8551 0500.
Further information can be obtained from the attached brochure 'Is your swimming pool kid safe?'