Building Regulations 2018

If a certificate of pool and spa barrier non‑compliance for a swimming pool or spa barrier is lodged with a relevant council, the municipal building surveyor may serve a barrier improvement notice in accordance with subregulation (2) on the owner of the land on which the swimming pool or spa is located requiring the owner—

to bring the non-compliant matters listed in the certificate of non-compliance into compliance with the applicable barrier standard; and

to lodge with the relevant council a certificate of pool and spa barrier compliance by a date specified in the notice that is not less than 14 days after the owner receives the notice.

A barrier improvement notice served on an owner under subregulation (1) must be in the form of Form 25.

A municipal building surveyor must not serve a barrier improvement notice on an owner for a swimming pool or spa barrier under this regulation—

if the municipal building surveyor has issued a notice or order under Part 8 of the Act in relation to the barrier; or

if a person has applied for an injunction under Part 13 of the Act in relation to the barrier; or

if a prosecution has commenced against a person in relation to the barrier under Part 13 of the Act.