If you are a pool owner, planning to build a pool or looking to buy, rent or sell a property with a pool than you need to ensure you are aware of the laws that apply.
Do swimming pool laws apply to me?
The Swimming Pools Act 1992 applies to swimming pools and spa pools that are located (or being built) on site with a residential building, movable dwelling or tourist and visitor accommodation.
If you are the owner of a property with a swimming pool or spa pool, these laws apply to you.
In a strata or community scheme, all of the lot owners jointly own any swimming pool or spa pool that is on common property. The owner's corporation (or body corporate) is responsible for ensuring such pools are compliant with the Swimming Pools Act 1992.
Registration
Pool owners must register their pools online on the NSW Government's Swimming Pool Register. Alternatively, you can pay a fee to your local council to do this on your behalf. A certificate of registration will be issued to the pool owner.
Fencing
Owners of properties with swimming pools must at all times:
- Ensure that pools are surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property.
- Keep closed the doors and gates that provide access to the swimming pool.
- Ensure that fences surrounding pools are designed, constructed, installed and maintained to comply with the relevant Australian standards.
Visit the pool safety checklists page on the NSW Government's Swimming Pool Register for more information.
Note that portable and inflatable pools that are capable of being filled to a depth of 30cm (300mm) or more must also be surrounded by a swimming pool safety barrier and meet the requirements listed above. Safety information about inflatable or portable pools is on the inflatable swimming pools page.
CPR Signage
In case of an emergency the law requires that you have a cardiopulmonary resuscitation (CPR) sign displayed near your pool. You can buy a CPR sign from your local pool shop, council or community organisations such as St John Ambulance, the Australian Red Cross or Royal Life Saving. The sign must be in good condition and able to be read easily from 3 metres.
Signage for pools under construction or renovation
From 1 March 2019, new signage requirements will apply to pools under construction. A sign must be displayed in a prominent position near the pool that states "this swimming pool is not to be occupied or used". The sign must be displayed at all times while the pool is under construction and only removed once an occupation certificate has been issued for the pool, or once a certificate of compliance has been issued.
Certification
Owners who are renting or selling a property with a swimming pool or spa pool have additional obligations to meet. When selling a property with a swimming pool or spa pool, you must ensure the contract for sale includes:
- A Registration Certificate issued from the Swimming Pool Register.
- A valid swimming pool certificate of compliance, OR a relevant occupation certificate issued within the last 3 year OR a valid certificate of non-compliance.
If you do not attach the certificates as required, the purchaser may be allowed to rescind the contract within 14 days of exchange, unless settlement has already occurred. If a certificate of non-compliance is attached to the contract for sale, the vendor is transferring the obligation to obtain a certificate of compliance to the purchaser. The purchaser will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance. This requirement does not apply to a lot in a strata scheme or in a community scheme if that strata or community scheme has more than two lots, or if the sales contract is for an off-the-plan property.
Renting a property with a swimming pool or spa pool
When a residential tenancy agreement is entered into for a property with a swimming pool or spa pool, the landlord or real estate agent must provide the tenant with a copy of the valid certificate of compliance or occupation certificate. A certificate of non-compliance must not be used where a residential tenancy agreement is proposed to be entered into at the property.
This requirement does not apply to a lot in a strata scheme or in a community scheme if that strata or community scheme has more than two lots. If you have any concerns about the actions of a real estate agent, contact Fair Trading.
How can I organise an inspection and obtain a certificate of compliance?
Local councils and certifiers accredited by the Building Professionals Board, who are part of NSW Fair Trading, can carry out a swimming pool barrier inspection. They can then issue a certificate of compliance if the swimming pool or spa pool meets all the safety requirements. Pool owners should contact their local council or a private certifier early to allow time to organise a compliance inspection prior to renting or selling a property. A swimming pool certificate of compliance is valid for three years from its date of issue. Go to the NSW Government's Swimming Pool Register website to check if a certificate of compliance has been issued.