Your responsibilities and registering your pool

As a swimming pool owner you are responsible for ensuring your pool is enclosed with a child safe barrier and access is restricted to children at all times. You also need to ensure your pool is maintained and complies with  NSW Legislation.

If you own a swimming pool, you are required by law to register your pool online at the NSW Swimming Pool Register. 

Please visit our Swimming Pool Safety page for more information on safety, fencing and registration.
 

Inspections

We carry out inspections of pools and spas and will issue a Compliance Certificate. A fee will be charged in accordance with Councils Fees and Charges and your certificate will be valid for up to three years from the date of issue. 

You will need to provide a certificate when you are selling or leasing a property with a pool. 
 

Certification

Pool safety self-assessment checklists help to assess if your pool meets safety standards. However, a more detailed inspection by a Council or Private Accredited Certifier may identify matters that may need to be attended to, to achieve compliance with the Swimming Pools Act 1992 and relevant standards.

If you would like Council to provide this certificate, please visit Councils Customer Service Centre or Contact us. A fee is charges for this service.

If your pool does not comply, Council will provide you with a reasonable period in which to comply with the requirements. Should the required alterations not be made to comply within this period Council may take further enforcement action including issuing of penalties and/or seeking court action.
 

High Risk Pools

The Swimming Pool legislation states that certain accommodation types must be inspected once every three years. This includes pools associated with the following types of premises:

• Backpackers
• Bed and breakfast
• Hotels & Motels
• Serviced apartments
• Residential flat buildings
• Residencies having more than two separate dwellings

The legislation states that these accommodation types must be inspected once every three years.

For inspections initiated by the Council or an application for a swimming pool Certificate of Compliance a fee will be charged for the initial inspection, and for each re-inspection. Please visit Councils Fees and Charges page for more information.

Council also seeks assistance from the public in identifying unsafe pools. Once information is provided to Council an inspection will occur and enforcement action taken to gain compliance if necessary.
 

Sale and tenancy agreements

Selling or purchasing a property with a swimming pool

Under the Conveyancing (Sale of Land) Regulation 2017 a warning notice is required within the contract of sale stating the owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992. Prospective purchasers considering a property with a pool should get the pool inspected prior to purchasing. At the very least, if you're buying a property with a swimming pool or spa, you should check to see if the pool is recorded in the NSW Swimming Pool Register. From 29 April 2016 it has been compulsory that properties for sale with a pool have a current Compliance Certificate or  occupation certificate in the contract of sale.

Renting / leasing a residential property with a pool

Under the Residential Tenancies Regulation 2019, the landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises. From 29 April 2016 landlords have been required to include a current pool Compliance Certificate in the leasing agreement before being able to lease a property with a pool.

 

Exemptions

As per Section 22 of the Swimming Pools Act 1992, the owner of any premises with a swimming pool may apply to Council for a Certificate of Exemption pool barriers are deemed impractical or unreasonable.
 

Useful Links

Self-Assessment Checklists
Pool Inspection Checklist
NSW Fair Trading - Pools and Spas
Protect Your Pool, Protect Your Kids Video
Royal Lifesaving Society