As A Swimming Pool Owner, You’re Responsible For
Ensuring That You’re Pool Is Compliant!

In NSW, the owners of properties with a swimming pool and/or a spa pool are required
to register their pools and spas on the NSW Swimming Pool Register. Your local
council  is responsible for promoting backyard swimming pool safety in the local

This means that in New South Wales, it is now compulsory to ensure that your pool is
surrounded by a fence that acts as a child-resistant barrier and separates your pool
from any residential building, public access and adjoining private properties.

Swimming Pool Compliance Certificates
The swimming pool compliance certificate has a three-year life cycle. According to the
Office of Local Government, compliance certificates are taking 90 days to obtain and
95 per cent of pools are non-compliant after the first inspection. Such properties cannot
be advertised for sale if a valid certificate is not in place.

Selling Your Property
Before listing the property for sale, a valid certificate of registration and a valid
certificate of compliance (or relevant occupation certificate issued within the last three
years) must be annexed to the Contract for Sale and Purchase of Land if there is a
swimming pool or spa pool. Failure to do so may allow the purchaser to rescind the
Contract within 14 days if exchanged after the 29 April 2015, unless settlement has

Leasing A Property
If a property for lease has a pool, the pool must be registered and it must have a valid
certificate of compliance (or occupation certificate issued within the last three years) at
the time the Residential Tenancy Agreement is entered into. A copy of that certificate
must be given to the tenant. Property managers should ensure the pool has a valid
compliance certificate or occupation certificate and is registered before a new lease is
entered into.

Strata and Community Title Schemes
In the case of strata schemes, where there is a swimming pool or spa pool on common
property, it is the Owners Corporation’s obligation to ensure there is a valid certificate
of compliance or occupation. With respect to community title schemes, a community
association is responsible for ensuring a certificate is obtained.

For more information visit
Council Approvals For Secondary Dwellings & Swimming Pools
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