SPASA has recently been informed of some changes to the home swimming pool safety reforms scheme that are now in effect through the notification of the Building and Construction Legislation Amendment Act 2026. The Amendment Act includes amendments to the Building Act 2004 and the Building (General) Regulation 2008 in relation to the scheme, with specific changes outlined below.
Amendments were made to the Building Act 2004 to make the swimming pool safety process clearer and easier to understand by updating terminology, explaining exemptions, and setting out straightforward requirements. This includes:
Renaming “compliance certificate” to the more accurate “compliance status certificate”
Introducing clear definitions for complete and partial exemptions and the documents needed to prove compliance
Providing simpler instructions and deadlines for when pool owners must obtain and lodge certificates, particularly ahead of 1 May 2028
Clarifying that failing to get or submit these documents may be an offence
This change is intended to make it clear that a compliance certificate can show both compliance and non-compliance.
This has no impact on compliance certificates already issued, as it only involves changing the name of the certificate.
The content of the certificate, and what determines its status as a compliance certificate, remains unchanged.
Existing certificates will remain valid and enforceable, and there is no change to their legal effect.
This change introduces definitions for “complete exemption” and “partial Ministerial exemption”.
This change clarifies that:
there is a requirement for a “compliance status certificate” when a Ministerial exemption does not cover the entire regulated swimming pool (i.e. the pool has a partial Ministerial exemption); and
there is no requirement for a “compliance status certificate” when the regulated swimming pool has a complete exemption.
This change clearly establishes that “relevant documents” include the building approval and the certificate of occupancy, both of which can serve as proof of compliance with safety standards for a regulated swimming pool’s safety barrier.
This does not change any requirements for regulated swimming pools or obligations for pool owners, but is simply a clarification of the existing requirements and obligations under the scheme.
Amendments were made to the Building (General) Regulation 2008 to simplify the rules for when a spa is exempt from pool barrier requirements. Specifically:
Establishing a standing exemption for all spas that have a lockable, child-resistant lid, regardless of their date of installation
This change removes the 'built before 1 May 2023' date for standing exemptions on spa lids.
Previously, only spas installed before a certain date were automatically exempt if they had a lockable, child resistant lid.
The amendment removes this date restriction, meaning all spas with a compliant lockable lid now fall under the standing exemption, regardless of when they were installed.
The ACT Government will provide updated templates and communications material reflecting the above changes.
SPASA will provide further updates for members as these templates and communications materials are published and circulated.
Members can also contact [email protected] if they have specific questions relating to these changes.