The NSW Government has strict registration and certification requirements in place to improve the safety of swimming pools in private dwellings.
You cannot sell, lease, or renew a tenancy lease for a property in NSW with a swimming pool or spa unless you have a valid Certificate of Compliance or relevant Occupation Certificate.
WHAT’S INCLUDED IN THIS LEGISLATION?
- In-ground and above-ground pools and spas
- Indoor pools and spas
- Portable and inflatable pools
- Other types of pools and spas that are capable of being filled to a depth of 300mm or more.
WHAT DOES COMPLIANCE INVOLVE?
A copy of the valid Certificate of Compliance, or relevant Occupation Certificate, must be attached to the sale contract or new residential tenancy agreement to rent any property with a swimming pool or spa pool.
It is the owner’s responsibility to ensure that the property is registered on the NSW Swimming Pool Register and a copy of a valid Compliance Certificate or Occupation Certificate is provided to the tenant and property manager.
Owners are responsible for organising these certificates. This requirement does not apply to properties that are part of a strata or community scheme that comprises more than two lots.
WHAT DO OWNERS NEED TO DO?
- Check to see if your swimming pool has a certificate on the NSW Swimming Pool Register. The swimming pool, or spa, must be inspected by an accredited certifier to get a certificate. Certificates are valid for three years
- If your pool doesn’t have a certificate, contact your local council to arrange an inspection
- Alternatively, a private certifier who is authorised to issue swimming pool Certificates of Compliance may be used. See the NSW Government website for a list of approved certifiers
- Pass the certificate onto your property manager. This will then be passed onto the tenant of your property and a copy will be kept on file
- Bear in mind that failure to comply can result in legal action and fines of up to $5,500 being issued. On-the-spot fines of $550 can also apply.
UPDATED SWIMMING POOLS REGULATION
As of 1st September 2018, an updated version of the Swimming Pools Regulation was put in place. The main changes affecting owners of properties with swimming pools include:
- A new obligation to display a warning notice while a swimming pool is being constructed
- Minor changes to warning notices that are already required to be displayed under the Act
- Greater flexibility in the way spas can be secured
- An increase in the maximum fees that local authorities may charge for pool inspections and exemption applications.
For further details, view the full Swimming Pools Regulation 2018 here.