NSW keeps two separate pool records that people often confuse. One is your pool's listing on the State's pool register. The other is a compliance certificate showing the barrier passed an inspection. Every pool needs the first. The second becomes important when you sell or lease.
Registering your pool
Anyone who owns a pool or spa pool in NSW has to list it on the State's Swimming Pool Register. That covers spas and many portable pools as well. Key points:
- The entry is tied to the property's address rather than to the owner.
- Owners can complete the registration online, or their council can lodge it on their behalf for a modest charge.
- Once registered, you get a registration certificate. Keep it, because a sale contract needs it.
- Being on the register says nothing about whether the barrier actually complies.
What a compliance certificate tells you
A pool compliance certificate records that, on the day it was inspected, the barrier met the requirements of NSW's Swimming Pools Act 1992, along with those of its Regulation. Either the local council or a registered certifier authorised to inspect pools can issue one after an inspection. It lasts for three years, and the register shows its current status.
When a barrier fails, the inspector can instead issue a non-compliance certificate that lists what has to be fixed. Typical defects are gates that won't close and latch by themselves, gaps at the bottom of the fence, and climbable objects too close to the barrier. Our guide to Pool barrier rules in NSW: fences, gates and climbable zones explains what inspectors look for.
Selling a home that has a pool
Along with the registration certificate, the sale contract must attach one of the following:
- an occupation certificate no more than three years old
- a current compliance certificate
- a non-compliance certificate
If the vendor attaches none of them, the purchaser may have a right to rescind within 14 days after exchange, provided settlement hasn't happened yet. If a non-compliance certificate is attached, responsibility passes to the purchaser, who must clear the listed defects and obtain a compliance certificate within 90 days after settling. That option isn't available where the certificate flags a serious risk to the safety of the public.
Renting out a home that has a pool
A tenant must be given a current compliance certificate or a relevant occupation certificate before the lease is signed, and it's the landlord or agent's job to provide it. A non-compliance certificate is not enough for a lease. Lots in strata or community schemes that have three or more lots sit outside these sale and lease rules, although the barrier itself must still comply.
New pools: where the occupation certificate fits
Certifying a new pool ends with an occupation certificate (OC). For three years from its issue date, that OC can be used instead of a compliance certificate on a sale or lease, so file a copy with your property records. Once those three years pass, you will need a compliance certificate instead. Remember too that altering the barrier later, such as replacing a panel or relocating a gate, brings it under the current standard.
CertifiBuild certifies new pools and spas from the approval stage to the OC. Read about our pool and spa certification, or request a quote for your project.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Waverley Council, Wollongong City Council, Bayside Council, Randwick City Council, Kiama Municipal Council, Georges River Council.
Suburb pages with local planning notes: Bondi, Bondi Junction, Fairy Meadow, Kingsgrove, La Perouse, Matraville, Minnamurra, Mortdale, New Lambton, North Bondi. You can also browse every service area.
Sources
- Pool owner obligations, NSW Government
- NSW Legislation: Swimming Pools Regulation 2018
- Pool barrier self-assessment checklist (post May 2013 pools), NSW Swimming Pool Register