Failed a pool inspection and think it's wrong?
Here are your options
A fail isn't a verdict on you. An ordinary fail is a list of things to fix, with time to fix them. If you think the result itself is wrong, this page sets out what the regulations say happens next, what you can ask your inspector, and which bodies deal with what. Call 0402 860 499 if you want to talk it through.
- Time to fix
- Up to 60 days from the written notice
- Form 24
- Narrow cases not every fail
- My re-inspections
- Included in the $250
First, what a fail actually means
When a barrier doesn't comply, the inspector usually gives you a written notice rather than a certificate of non-compliance. The notice lists what has to be fixed, gives a date for the fix that's no more than 60 days after you receive it, and sets a date and time for the re-inspection (regulation 147ZG).
At the re-inspection there are three outcomes. If the barrier now complies, you get a Form 23. If it doesn't, but the inspector is satisfied you've made progress, they can give you one further notice with up to 7 more days (regulation 147ZH). Otherwise the inspector issues a Form 24.
If you got a fix-by notice rather than a Form 24, our step-by-step guide to the re-inspection path after a failed inspection covers what happens from here.
When a Form 24 comes in
A Form 24 is the certificate of pool and spa barrier non-compliance. The inspector has to lodge it with council and give you a copy (regulation 147ZI). It's issued straight away, without the usual fix-by notice, only in narrower cases (regulation 147ZF):
- the barrier can't be made compliant within 60 days, or you're unlikely to do it in that time;
- it poses a significant and immediate risk to life or safety;
- a gate or door can be opened by someone who can't reach the latch, or won't close completely;
- any part of the barrier is less than 1 metre high, measured from the approach side.
A Form 24 is also issued if the barrier still fails after the re-inspection and any further notice, or if the re-inspection can't go ahead because the owner prevents it. Council charges a lodgement fee for a Form 24, up to 26 fee units, and its notice has to give you at least 28 days to pay (regulation 147ZJ). After that, council's municipal building surveyor can serve a barrier improvement notice (Form 25) giving you at least 14 days to provide a Form 23 (regulation 147ZK).
If you think the result is wrong, start with the inspector
Start with two things: which standard was applied, and how each item was measured. Ask the inspector, in writing if that's easier:
- Which standard did you assess against? It should be the one on council's register for your pool. Council decides which standard applies from its records, so if you have a council letter, check it matches.
- Which requirement does each item fail? Ask for the clause, where on the barrier it is, and a photo or measurement.
- What would fix it? There's often more than one way, and some fixes are simple maintenance.
A good inspector will explain their reasoning, and if it's my report, I'd rather you ring me than wonder. If the standard on your notice doesn't match council's register, raise that with council as well.
Getting another inspector to look at it
You can ask another registered pool barrier inspector how they'd read a particular item. Before you book a full second inspection, though, ring council and ask how it treats a second certificate while a notice from the first inspector is still open, or after a Form 24 has been lodged. The answer can depend on where your matter is up to, and I don't want to guess for your council.
Whoever inspects should assess against the standard on council's register, so a second inspection isn't a way to get a different set of rules.
Complaints and appeals: who deals with what
The inspector's conduct. Pool barrier inspectors are registered with the Building and Plumbing Commission (formerly the VBA). If you're concerned about how an inspector behaved or did the job, you can report it to the BPC. You can check any inspector's registration on the BPC practitioner register.
Council's decisions. The Building Appeals Board hears the specific decisions the Building Act 1993 lists. For pools these include building notices and orders, and council's decision on when your pool was built, which decides the standard. An appeal against the construction-date decision has to be lodged within 30 days of receiving it (regulation 147R).
The inspector's certificate. The decisions the Board can hear are listed in the Act, and an inspector's Form 23 or Form 24 isn't among them. If a matter has reached the notice, order or appeal stage, get legal advice on your own situation.
Failed Inspection FAQs
Can I get a second opinion after failing a pool inspection?
Does a second inspector have to use the same standard?
Can I appeal a failed pool inspection?
How long do I have to fix a failed pool barrier?
Will a Form 24 cost me a council fee?
Once you know where you stand, the re-inspection path walks through the fix, our non-conformance reports page explains what your report means, and re-inspections covers booking the follow-up visit. If the fail was a plant or lattice near the fence, start with the non-climbable zone guide.