Swimming pools

Swimming Pools and Compliance

Kids can drown Brochure(PDF, 3MB)

Registration and Certification

Drowning is a leading cause of preventable death in children under 5 years of age. In 2012, the Swimming Pools Act 1992 was amended to improve the safety of children around swimming pools in NSW. The changes include:

• Swimming pool owners must register their swimming pool or spa pool on the NSW Swimming Pool Register.
• Local councils and accredited certifiers registered with the Building Professionals Board, can carry out inspections of swimming pools.
• From 29 April 2016 a copy of a valid certificate of compliance or relevant occupation certificate must be attached to new residential tenancy agreements to rent property with a swimming pool or spa pool. This requirement does not apply to a lot in strata or community schemes with more than two lots.
• From 29 April 2016 a copy of a valid certificate of compliance or relevant occupation certificate, or a valid certificate of non-compliance, must be attached to the sales contract to sell property with a swimming pool or spa pool. This requirement does not apply:
  • to a lot in strata or community schemes with more than two lots, or
  • for any off-the-plan contract.

NOTE – Without a defined street address some properties and mining claims in Walgett Shire will be unable to register their swimming pool in the NSW Swimming Pool Register. In this case Council keeps a separate register for these pools. Download the “NSW Swimming Pool Register – Registration Form”  and return the completed form to Council and your swimming pool will be registered with Council free of charge.

Renting a property with a swimming pool or spa pool
From 29 April 2016 onwards, 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.

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.

Selling a property with a swimming pool or spa pool
If you are selling a property with a swimming pool or spa pool on and after 29 April 2016, you must ensure the contract for sale includes:

• a valid swimming pool certificate of compliance
• a relevant occupation certificate issued within the last3 years and evidence that the pool is currently registered
  or
• a valid certificate of non-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.

Not attaching the certificates when required may allow the purchaser 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.