Swimming Pool Compliance

When selling your property, a valid Certificate of Compliance issued under the Swimming Pools Act 1992, or an Occupation Certificate for swimming pools less than 3 years old, is a prescribed document that MUST be annexed to the Contract for Sale or provided to the tenant.

Vendors can transfer the obligation of obtaining a Certificate of Compliance to the purchaser by attaching a certificate of non-compliance. The buyer of a non-compliant swimming pool has 90 days from the date of settlement to address any issues and obtain a certificate of compliance.

Failure to annex a valid Certificate to the Contract for Sale may allow your purchaser to rescind the Contract for Sale within 14 days of exchange.

A Certificate of Compliance may only be issued by Council or an accredited certifier once the inspector has inspected the swimming pool and is satisfied that the requirements have been met - the swimming pool must be registered and must comply with all safety requirements in accordance with the Act. Council or an accredited certifier can issue a notice requiring works to be undertaken to the swimming pool if it is non-compliant.

If you are a landlord and the property you are leasing has a swimming pool it is your responsibility to register the pool, and obtain the compliance certificate. A representative, such as a managing agent, can arrange this on your behalf. If the property you lease is part of a strata scheme it is the responsibility of the owners corporation to ensure that their property complies with these new requirements.

If you are a tenant and the property you are leasing has a swimming pool you do not need to have it registered or obtain a compliance certificate as this is the landlord’s responsibility. Landlords will be required to give new tenants a copy of a compliance certificate.

Before purchasing a property with a swimming pool or spa, you should ensure it has a valid Certificate of Compliance or Certificate of Non-compliance. If you purchase a property with a Certificate of Non-compliance, you will be accepting responsibility to make the pool fencing compliant and gain a Certificate of Compliance within 90 days of gaining ownership.

All pool and spa owners are required to register their swimming pool and/or spa on the State Swimming Pool Register. Use the link below to register your pool and find more information on pool safety checklists.

Register your NSW Pool Now — NSW Swimming Pool Register or

Look up your registration number here Check Property — NSW Swimming Pool Register

• All pools and spas that hold 30cm or more water (this includes portable and inflatable pools) must be registered.
• Registration is free.
• You must retain your registration number as this is required for booking purposes.

The requirements around the sale and lease of properties with swimming pools or spas do not apply to strata and community schemes comprising more than two lots or off-the-plan contracts. Please contact us on 02 6499 2222 to confirm if your property is exempt.