How to arrange a pool inspection by Council

To obtain a Certificate of Compliance from Council you must make a Request for Inspection and Certificate of Compliance for a Swimming Pool PDF, 195.3 KB or call the Customer Service Centre on 1300 722 542.

The application fee for a Swimming Pool Certificate of Compliance is $250, which includes the initial inspection of the pool barriers and any necessary reinspections, as detailed on the Application form.

Criteria for certification

A Certificate of Compliance will be provided stating that, at the date on which the certificate is issued, the swimming pool complies with the relevant legislative requirements if:

1. Council or the accredited certifier are satisfied that the swimming pool complies with the requirements of the Swimming Pools Act 1992, and
2. The pool is registered in the NSW Swimming Pools Register

Reasonable period to comply

If the pool does not comply, Council will provide you with a reasonable period in which to comply with the relevant requirements.

How long is the certificate valid for?

Provided there are no changes to the pool barriers and fencing and remains fully compliant, a Swimming Pool Certificate of Compliance is valid for three years.

Pool owners are advised that Council may issue a notice and direction to comply with the requirements of the Act and Standards at any time, if the barrier or fencing is non-compliant.

Inspection by a private certifier

Instead of getting a Council inspection, you can engage a private Accredited Certifier to carry out a pool inspection for the purpose of issuing a Pool Certificate of Compliance.

The Accredited Certifier must be accredited by NSW Fair Trading.

An Accredited Certifier also has the authority to issue Notices directing pool owners to carry out works to comply with pool safety requirements and the Certifier may also refer unresolved compliance matters to the Council for appropriate action.

Selling or purchasing a property with a swimming pool

Prior to the sale of a residential property with a swimming pool or spa pool, a contract of sale must include:

• A certificate of registration; and
• A swimming pool certificate of compliance; or
• A relevant occupation certificate (issued for the pool within the last 3 years); or
• A certificate of non-compliance issued by us or an accredited certifier.

To obtain a certificate of compliance you will need to make an application to the council or an accredited certifier and pay the relevant fee.

If the swimming pool complies with the relevant requirements of the Swimming Pools Act 1992 and Standards the Council or Accredited Certifier will issue a certificate of compliance.

If the swimming pool does not comply with the relevant requirements of the Act and Standards, the Council or Accredited Certifier will provide details of the works necessary to bring the pool fence and barriers into compliance with the requirements to be able to issue a certificate of non-compliance.

The purchaser of the property has up to 90 days from the date of settlement to bring the swimming pool into compliance with the requirements, unless the certificate of non-compliance states that the swimming pool poses a significant risk to public safety. In which case, the necessary works must be carried out sooner, as may be directed by council.

Council may issue a notice and direction to comply with the requirements of the Act and Standards, to bring the swimming pool into compliance within a specified timeframe, to address safety concerns.

Also visit our sale and tenancy agreements page for further details.

For more information visit the Office of Local Government website.

Leasing a property with a pool

Prior to entering into a new lease for a residential property with a swimming pool or spa pool, you must have:

• A certificate of registration for the pool; and
• A swimming pool certificate of compliance; or
• A relevant occupation certificate (issued for the pool within the last 3 years).

These requirements aim to ensure that the property is safe for the tenants upon commencement of their occupation of the property.

For more information visit the Office of Local Government website.

See our sale and tenancy agreements page for details.