Can I turn my pool into a pond?

When does a pool stop being a pool?

Every definition we read has two parts, and a pond conversion only changes one of them.

The first part is capacity: the water can be deeper than 300mm. A pool converted to a pond usually still can. The second part is use. The NSW Swimming Pools Act 1992 defines a swimming pool as a structure capable of holding more than 300mm that is ‘solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity’. The Victorian Building Authority's practice note SP 02 uses the same structure, and WA's Building and Energy says fishponds are ‘not used for swimming, wading, paddling or the like’.

Queensland puts it most plainly. The QBCC says the pool laws ‘don't apply to fishponds or structures that have been designed, manufactured, or adapted to be solely or principally used for ornamental purposes’, including where they can hold 300mm or more — and warns that ‘a fish pond that is also being used for swimming may be considered a swimming pool’.

The quotable version: turning a pool into a pond changes what the water is for, not how deep it is, and the law follows the use.

That is why the conversion has to be physical and recorded, not just a change of plants. If the aim is to stop the compliance obligations altogether, compare with filling it in: see what it costs to fill in a pool.

Victoria: the pond pathway and the note on the property certificate

Mornington Peninsula Shire publishes the most specific pond pathway we found, in its fact sheet on decommissioning or removing a pool or spa. It says pools used as ponds ‘may be allowed’, subject to the owner removing the filtration pipes, blocking all pipe inlets with concrete and injecting concrete into all internal water jets and skimmer boxes, and agreeing to a statement on the Land Information Certificate under section 229 of the Local Government Act. The statement records that the structure is no longer a class 10b pool or spa and that a building permit is required to recommission it.

The register side of that process is covered in how to take a pool off the register. Two parts of the same fact sheet matter specifically to a pond:

• Where a council building notice or order requires a compliant barrier around a non-compliant pond and the owner disagrees, the owner can apply to the Building Appeals Board under section 160 of the Building Act for a modification.
• A man-made natural-style pool — a swimming pond — is not a pond for this purpose: the fact sheet says a compliant pool barrier is required around it.

The quotable version: in Mornington Peninsula Shire, a pool turned into a pond leaves a statement on the property certificate that a future buyer's conveyancer will read.

This is one council's published position. Other Victorian councils may handle it differently, so ask yours in writing before starting. Selling a house with a pool covers what purchasers look for.

Queensland: a certifier first, then the register

In Queensland the conversion is building work with an approval attached. Fraser Coast Regional Council says that if you intend to decommission, remove or convert a regulated pool, ‘including the conversion of a swimming pool to a fish pond or ornamental feature’, you need to contact a licensed private building certifier about all relevant requirements, including any development approvals.

After the work, the council's published sequence is: lodge a Notification of the Decommissioning/Removal/Conversion of a Regulated Pool with council; once council confirms the conversion, it issues correspondence you give to the QBCC to have the pool removed from the pool safety register. The QBCC's own register page says de-registration is by written request to its pool safety email, and that a pool must be lawfully decommissioned, which may need building approval.

The quotable version: in Queensland a pool is still a pool, fence and all, until a certifier has approved the conversion and the council has confirmed it.

We read the Fraser Coast procedure through an archived copy dated October 2025 because the council's site refused our connection; other Queensland councils may use different forms. Certificates and inspections are covered in the Queensland pool safety certificate.

NSW and WA: what the definitions say, and what we could not find

The research question for this page was whether NSW, Queensland and WA have an equivalent of Victoria's certificate note. Queensland has a council notification and register step, above. For NSW and WA we did not find one in the sources we read.

New South Wales. The Swimming Pools Act definition is the use-based one quoted above, so a structure that is genuinely no longer used or adapted for swimming falls outside it. We found no NSW regulator or council page setting out a pond-conversion procedure. Ask your council what evidence it wants before removing the pool from the NSW Swimming Pool Register, and get the answer in writing.

Western Australia. Building and Energy's booklet says fishponds are not required to have a compliant safety barrier. The City of Fremantle notes that neither the Building Act 2011 nor the Building Regulations 2012 define or reference decommissioning, and describes decommissioning as removing the aspects that make a structure a pool — its ability to hold more than 300mm, the access and the filtration — with ‘the main consideration’ being the inability to hold water. A pond that still holds water sits awkwardly with that description, which is a reason to talk to the local government first.

The quotable version: outside Victoria and Queensland we found no published pond-conversion procedure, so the council's written answer is the only paperwork you will have. Approval routes for removal are covered in do I need council approval to remove a pool.

Does a pond need a pool fence?

Legally, a genuine ornamental pond usually does not; practically, the regulators suggest one anyway.

• WA: fishponds are not required to have a compliant barrier, but Building and Energy says they ‘still pose a risk for young children’ and suggests owners consider barriers or other devices.
• Queensland: the pool laws do not apply to an ornamental pond, unless it is also used for swimming.
• Victoria: Mornington Peninsula Shire says it is always recommended to install a compliant pool barrier first, and a council may issue a building notice or order to fence a non-compliant pond.

The quotable version: a pond that stays as deep as the pool was is as deep for a toddler as the pool was.

If you keep the existing fence, you keep a barrier you already paid for. If you are pricing a new one, see pool fence cost in Australia. And if the pond idea is really a way to stop running costs, a renovation or removal may be the better comparison — you can compare quotes for either.

Common questions

Sources

• Mornington Peninsula Shire — fact sheet: decommissioning or removal of a swimming pool or spa
• QBCC — swimming pool safety laws
• QBCC — register a pool
• Fraser Coast Regional Council — swimming pools and spas
• NSW Swimming Pools Act 1992
• Victorian Building Authority — practice note SP 02 (August 2024, under review)
• WA Building and Energy — Rules for Pools and Spas, July 2024
• City of Fremantle — decommissioning swimming pools or spas

General information only, current at 2026-09-28. Pool rules differ by state and by council, and penalty amounts are updated regularly. Confirm your own obligations with your council or a registered inspector before acting.