Important Changes to Swimming Pool Regulations
A Swimming Pool/ Spa Certificate of Compliance is required for buying, selling or leasing a property with a swimming pool in NSW
Drowning is a leading cause of accidental death in very young children in NSW. The most effective home pool safety measure is proper adult supervision at all times, but a well-maintained child-resistant pool barrier is also key to preventing small children’s unsupervised access to backyard swimming pools and spa pools..
Laws introduced 29 April 2016 apply to the sale or lease of properties with a pool in NSW.
Under the changes, vendors will need to attach to contracts of sale a Certificate of Compliance or a Certificate of Non-Compliance that outlines what needs to be fixed. Homebuyers of properties with swimming pools will have 90 days from settlement to rectify noncompliant pool barriers.
These changes have been introduced to further protect the safety of young children around backyard swimming pools.
To book your inspection please contact Customer Service on 9952 8222 or download an application form(PDF, 102KB).
Registering your pool
All pools are required to be registered on the NSW Pool Register. This measure is taken with the aim of reducing drownings in NSW and improving safety for families and children.
Authorised officers may fine pool owners if their pool is not registered. The fine is $220.00. In the event that an inspector refers the matter to court, a fine of up to a maximum of $2,200 may be imposed.
New pools are required to be registered prior to the issue of an occupation certificate.
Swimming Pool Inspections
Council has introduced a swimming pool inspection program to assist pool owners improve pool and spa safety at their properties. The inspection program is relevant to all swimming pools regulated under the Swimming Pools Act 1992.
Inspections may be carried out in the following circumstances:
Existing residential swimming pools
Inspections of all existing residential swimming pools will be carried out every five years. The inspections will be prioritised on the basis of risk factors such as age of the pool, last recorded inspection and details of any non-compliances recorded by Council or on the NSW Swimming Pool Register. An inspection fee of $150 will be applicable for all inspections under this program, with an additional inspection fee of $100 where non-compliances are found.
Result of a complaint
An investigation will commence within 72 hours after a complaint is received in writing. Council officers on visits to properties may also report non-complaint swimming pool barriers and request further investigation.
Request of a pool owner
Swimming pool inspections will be carried out by Council Officers upon request from a pool owner. The inspection will be carried out within 5 days.
Request of a pool owner for the sale or lease of a premises
Provisions that require a property with a swimming pool to have a certificate of compliance before it can be sold or leased will commence on 29 April 2015.
Council officers will carry out inspections on the swimming pools to enable the sale or lease of the premises.
Under the Conveyancing (Sale of Land) Regulation 2010, the contract of sale is required to state that the owner of the property needs to ensure the pool complies with the requirements of the Swimming Pools Act 1992.
Under the Residential Tenancies Regulation 2010, in residential tenancies agreements, the landlord must comply with the requirements of the Swimming Pools Act 1992 for swimming pools on residential premises.
Tourist, visitor, multi occupancy development
Tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis and includes any of the following: backpackers’ accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel accommodation and serviced apartments (including short-term rental accommodation).
Multi occupancy development means any premises containing more than two dwellings such as a residential flat building, town houses or villas.
Council officers will inspect a swimming pool situated on these premises. These inspections will commence after 29 April 2014 and will occur at least once every three years.
Development Applications or building approvals which have not been finalised
Council officers will inspect swimming pools where a development consent or complying development certificate has been granted but there is no record of an occupation certificate being issued. These pool inspections will be scheduled as per the section - Existing residential swimming pools.
Swimming Pools Information
Further information on swimming pools, safety and legal requirements:
Swimming Pools - Frequently Asked Questions (FAQs)(PDF, 138KB)
Information on pool safety, registration and compliance certificates. The FAQs are provided by the NSW Government.
Swimming Pools and Spas - Owners Responsibilities
Information on the laws, registration, certification and more. This information is provided by NSW Government Fair Trading.
Swimming Pool Safety Information Booklet
This booklet provides information about pool safety requirements under the Swimming Pools Act. The booklet is produced by Sutherland Shire Council.
Swimming Pool Register
Find pool inspection self-assessment checklists, pool inspections and general information on swimming pools. This is a NSW Government website.
Swimming Pools Act 1992