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Swimming Pool Certificates of Compliance

There are now provisions in place that require a property with a swimming pool and/or spa to have a Compliance Certificate before it can be sold or leased. This requirement starts from the 29 April 2016. pdf icon New Pool Fencing Compliance (59.08kB)

The Certificate will be valid for 3 years, so long as the fencing/barrier remains compliant in that time. Council can issue a Swimming Pool Compliance Certificate for a $150 fee. And pool owners may make application to Council at any time, regardless of whether they intend on selling or leasing their property.

Under the Conveyancing (Sale of Land) Regulation 2010, the contract of sale is required to state that the owner of the property needs to ensure the pool and/or spa complies with the Swimming Pools Act 1992.

Under the Residential Tenancies Regulation 2010, in residential tenancy agreements the landlord must comply with the requirements of the Swimming Pools Act 1992.

A swimming pool compliance certificate can be obtained from Council by completing the application form. Please note there is a $150 fee applicable at the time of lodgement of the application. pdf icon Swimming Pools Act Certificate of Compliance Application (56.41kB)

For newly constructed or altered pools and spas the pool/spa cannot be filled with water unless all works comply with the relevant Development Consent, Complying Development Certificate, Swimming Pools Act and an Occupation Certificate has been issued.

Office of Local Government - Swimming Pools Act and other legislation

Landlord and Tenant Responsibility

The landlord is responsible for providing and maintaining the premises in a reasonable state of repair and the tenant is not to intentionally or negligently damage the premises and the tenant must notify the landlord of any damage.

The tenant may carry out urgent repairs and be reimbursed up to $1,000 for any fault or damage that causes the premises to be unsafe if the landlord or agent cannot be contacted or does not carry out urgent repairs within a reasonable time.

Prospective buyers considering a property with a pool should get the pool inspected prior to purchasing. At the very least if purchasing a property with a pool, ensure the pool is recorded in the NSW Pool Register.

Pool Safety 3


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