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Your pool and/or spa is required to meet safety standards.
If you are a pool owner, or are buying, selling or renting a property with a pool or are building a pool, you need to make sure you are aware of the requirements of law that apply under the Swimming Pools Act 1992.
Owners of backyard swimming pools and spas are legally required to register their swimming pool and/or spa on the NSW Swimming Pool register. Registration is free.
You can do it now:
Register your pool
Fines of $220.00 may be issued for pools or spas that have not been registered.
Fines apply to all pools and spas capable of holding 30cm (300mm) or more of water, including those that are portable and inflatable.
Fines of $550.00 apply if a pool is not completely surrounded by a compliant pool fence. This includes inflatable and portable pools that can be filled with 30cm (300mm) or more of water.
Fences must also have a self-closing and self-latching gate.
The exemption for a lockable lid does not apply to swim spa pools (see below).
Spas may be fitted with a child-resistant lockable lid.
Be familiar with the compliance self-assessment checklists on:
A spa pool (also known as a hot tub or Jacuzzi) has the same requirements as an indoor or outdoor swimming pool.
The spa pool must be surrounded by either:
The exemption for a lockable lid does not apply to swim spa pools which are manufactured and designed for swimming and other aquatic activities.
The requirements of swim spa pools are the same as for an indoor or outdoor swimming pool.
A swimming pool barrier (swimming pool fence) that complies with the Swimming Pools Act 1992 and relevant Australian Standards, is required to be installed.
Swim Spa Pools are not exempt development if they are capable of containing more than 2000 litres of water. Therefore, approval is required from a consent authority (Council) or a private certifier.
Find out more:
Pools and Spa pools that hold 2000 litres of water or more also need development consent from Council.
Fines of $1500.00 apply (if you don’t have a development consent), including for portable and inflatable pools that hold this amount of water.
The demolition or removal of any swimming pool or spa that holds over 2000 litres of water requires development consent.
This may qualify for a Complying Development Certificate or require a Development Application.
Council’s Swimming Pool and Spa Barrier Inspection Program is designed to prevent drownings. It was developed in 2013 in consultation with the community in response to state legislation changes.
The program applies to all pools and spas which hold 30cm (300mm) or more of water, including those that are portable and inflatable.
Council officers contact pool and spa owners to organise inspections to ensure pool and spa compliance.
Fees apply for these inspections. It is $150.00 for the first inspection and $100.00 if a second inspection is required.
If a pool or spa complies, a Certificate of Compliance will be issued which is valid for 3 years.
To help you prepare to get a Certificate of Compliance you can do a self-assessment of your swimming pool or spa barrier before a Council inspection.
Council also conducts mandatory inspections of all tourist, visitor and multi-occupancy developments.
The owner of a swimming pool or spa must obtain a Certificate of Compliance before they can lease their property.
The Certificate of Compliance certifies that the swimming pool or spa barrier complies and is valid for three (3) years.
An Occupation Certificate issued within the past three (3) years may act as a Certificate of Compliance.
Certificate of Compliance
The owner of a swimming pool or spa must obtain a Certificate of Compliance before they can sell their property.
Certificate of Non-Compliance
A Certificate of Non-Compliance may also be issued.
If contracts for sale are exchanged using a Certificate of Non-Compliance the purchaser has 90 days after settlement to bring the barrier into compliance for matters of Non-Significant Risk.
Vendors/agents and purchasers be advised that should the premises be subject to a Council Notice/Direction, the 90-day compliance period does not apply. Compliance dates will be listed in detail within the Notice/Direction.
A Certificate of Compliance can be obtained from Council, using the form below.
Please note there is a $150.00 fee payable at the time the application is lodged. Please be advised that each inspection carried out after the initial inspection, will incur a charge of $100.00 per inspection, as per Sect. 19(b) Swimming Pool Regulations 2018. Once Council has received your application, a Council Officer will contact you to arrange a suitable time for us to inspect your swimming pool or spa barrier.
Last updated on 28 September 2021