Pool safety is a critical responsibility for property owners in New South Wales. The state has specific regulations and standards in place to protect residents, especially young children, from pool-related accidents. It’s important to understand the obligations that pool owners must adhere to, including obtaining necessary certificates, maintaining safety standards, and understanding the potential consequences of non-compliance. By familiarising yourself with these regulations, you can help ensure that your pool is both safe and legally compliant.
In NSW, the safety standards for residential swimming pools are regulated by the Swimming Pools Act 1992 and its various regulations (current version 2018) together with Australian Standard 1926 (AS1926).
The requirements for child-resistant barriers vary depending on the location and construction year of the pool. The 3 different Pool Safety Standards are:
For further details, visit the website of the NSW Swimming Pool Register: https://www.swimmingpoolregister.nsw.gov.au/information
A Vendor selling a property with a pool must provide one of the following for the pool:
This requirement does not apply to properties with a shared pool in strata or community scheme complexes that have more than 2 lots. The Owners Corporation is responsible for ensuring the shared pools are compliant. In these instances, the Purchaser should direct enquiries to the strata / community scheme manager or obtain a Strata or Community Title Inspection report which should contain a copy of the registration and compliance certificates or relevant occupation certificate.
A swimming pool means an excavation, structure or vessel that:
A spa pool includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
The Vendor’s failure to provide the required documentation entitles the Purchaser to rescind the contract before settlement and within 14 days after the contract date.
The Purchaser must take on the obligation to fix areas of non-compliance and obtain a certificate of compliance within 90 days of settlement.
It is advisable that you inspect any swimming pool on the property before entering into the contract to ensure that you are happy with its present state and condition. You may wish to consider engaging an appropriately qualified inspector if this is a concern.
If any issues are discovered, you may consider requesting the Vendor to repair any defects to the swimming pool before settlement. If the Vendor agrees to this, it is important to let your legal representative know to add an additional condition reflecting this agreement to the contract.
If you request for repairs to be undertaken, bear in mind the Vendor may proceed with another Purchaser who is happy to accept the defects.
The Owners Corporation is responsible for ensuring the shared pools in Strata and Community Title complexes are compliant. When purchasing units, townhouses, villas, duplexes and dwellings within these complexes, the Purchaser should direct enquiries to the strata / community scheme manager or obtain a Strata or Community Title Inspection report which should contain a copy of the registration and compliance certificates or relevant occupation certificate.
A landlord renting a property with a pool must provide one of the following for the pool:
This requirement does not apply to properties with a shared pool in strata or community scheme complexes that have more than 2 lots. The Owners Corporation is responsible for ensuring the shared pools are compliant. In these instances, the tenants should direct enquiries to the strata / community scheme manager.
Non-compliance with pool safety standards and failure to rectify non-compliant issues within a reasonable time can result in various fines.
Pool owners who fail to register the pool on the Register of Swimming Pools can be fined up to $2,200.
Disclaimer: Every property transaction is different, and the information provided may not be relevant to your circumstances. By using this site you agree that the information provided is for general purposes only and does not constitute legal, financial, or professional advice.
