Swimming pools

Swimming Pools and Compliance

Quick Links

 

NSW Swimming Pools Register

Requirements for Private Swimming Pools at Division of Local Government web site

Private Swimming Pool Inspection Program

NSW Government Water Safety website 

NSW Swimming Pool Register – Registration Form

Application for Swimming Pool Compliance Certificate

 

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 requirementdoes 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” above, 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 last 3 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.

Swimming Pools and Compliance

Quick Links

 

NSW Swimming Pools Register

Requirements for Private Swimming Pools at Division of Local Government web site

Private Swimming Pool Inspection Program

NSW Government Water Safety website 

NSW Swimming Pool Register – Registration Form

Application for Swimming Pool Compliance Certificate

 

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 requirementdoes 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” above, 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 last 3 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.