New pool safety and registration requirements begin 29 April 2016

Published: 29 May 2018 4:35pm

New pool safety and registration requirements begin 29 April 2016 - 23 March 2016


The summer months may be behind us, but there are important changes ahead for residents thinking of selling or leasing a property with a swimming pool.

Under new State Government legislation taking effect from 29 April 2016, properties sold or rented with a swimming pool must now have either a relevant occupation certificate, certificate of compliance or a certificate of non-compliance issued from the NSW Swimming Pool Register.

The change follows a comprehensive review of the State Government’s Swimming Pools Act in 2012, the creation of the register and the increase of non-compliance penalties to $5500. NSW residents were then given a one-year extension to get accustomed to the new rules before they take effect next month.

“The registration and compliance program introduced by the State Government is aimed at preventing further tragedies in backyard pools,” City of Wagga Wagga’s Manager Development Services Colby Farmer said.

“If you’ve got a pool at your property, download a checklist from and look at the steps you can take to make you’re your pool is compliant.

“There are an estimated 3500 pools in the Wagga Wagga Local Government Area, so it’s vital they are all registered and meet safety standards.

“If you are thinking of selling or leasing a property with a pool, contact Council early in the process to arrange a pool inspection.”

A swimming pool compliance inspection is undertaken by Council officers and a swimming pool compliance certificate issued for a fee of $150.

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Swimming pool law changes from 29 April 2016:

  • The vendor of a property (with a swimming pool) is able to transfer the requirement to make a pool barrier compliant, to the purchaser. The transfer will be realised through the attachment of a ‘certificate of non-compliance’ to the contract for sale. Sales of properties with compliant pools will continue to require a ‘certificate of compliance’.
  • The purchaser of a property (with a swimming pool) has 90 days from the date of ownership transfer to address any issues of non-compliance in relation to the swimming pool barrier or be subject to current penalties.
  • Properties with more than two dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease as they are already regulated by mandatory three-year inspection programs.
  • Properties with two dwellings or less are required to have a certificate of compliance before entering into a lease.

Simple safety tips for pool owners

  • Does the gate open outwards and self-close and latch from any open position?
  • Are there objects or trees close to the pool fence that children could use to gain access into the pool area?
  • Is there a resuscitation sign displayed? Has your family planned what to do in the event that you needed to use it?