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.
What are the pool safety requirements for swimming pools in New South Wales?
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:
| Standard | Applies to |
|---|---|
| AS 1926-1986 | Fences and gates for private swimming pools constructed before 30 August 2008 |
| AS 1926.1-2007 | Safety barriers for swimming pools constructed between 1 September 2008 and 30 April 2013 |
| AS 1926.1-2012 | Safety barriers for swimming pools constructed after 1 May 2013 |
The standards generally require pool owners to ensure the swimming pool is surrounded by a compliant child-resistant barrier that separates the pool from any residential building on the premises and from any public or private place adjoining the premises.
For further details, visit the website of the NSW Swimming Pool Register: https://www.swimmingpoolregister.nsw.gov.au/information
What are the requirements for Vendors selling a property with a pool?
A Vendor selling a property with a pool must provide one of the following for the pool:
- a valid certificate of compliance; or
- a valid certificate of non-compliance; or
- a certificate of registration and occupation certificate less than 3 years old authorising the use of the pool.
This requirement does not apply to properties with a shared pool in strata or community scheme complexes that have more than two (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.
What the vendor must provide — and what it means for you
| What the vendor provides | What it means | Effect on the buyer |
|---|---|---|
| Certificate of compliance | The pool meets the safety standard | Nothing further to do on the barrier |
| Certificate of non-compliance | The pool doesn't currently comply | You must rectify it and obtain a compliance certificate within 90 days of settlement |
| Certificate of registration + occupation certificate (less than 3 years old) | The pool is registered and authorised for use | Accepted in place of a compliance certificate |
| None of the above | Required documentation not provided | You may rescind before settlement, within 14 days of the contract date |
What is a swimming pool in New South Wales?
A swimming pool means an excavation, structure or vessel that:
- can be filled with water to at least 30 centimetres deep; and
- is used, designed, manufactured or adapted solely or principally for the purpose of swimming, wading, paddling or any other human aquatic activity; and
- includes a spa pool, but does not include a spa bath, or anything that is situated within a bathroom.
A spa pool includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
What rights does the Purchaser have if the Vendor fails to provide the required certificates?
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.
What happens if the Vendor provides a certificate of non-compliance?
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.
What are the requirements for shared residential pools in Strata and Community Title complexes?
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.
What are the requirements for landlords renting a property with a pool?
A landlord renting a property with a pool must provide one of the following for the pool:
- a valid certificate of compliance; or
- an occupation certificate less than three years old authorising the use of the pool.
- A certificate of non-compliance cannot be used to rent a property.
This requirement does not apply to properties with a shared pool in strata or community scheme complexes that have more than two 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.
What are the consequences of non-compliance with pool safety standards?
Non-compliance with pool safety standards and failure to rectify non-compliant issues within a reasonable time can result in various fines.
What are the consequences of failing to register the pool on the Register of Swimming Pools?
Pool owners who fail to register the pool on the Register of Swimming Pools can be fined up to $2,200.
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.