Navigating Property Deals with Swimming Pools in NSW

1. NSW swimming pool legislation
2. Selling or buying a house with a pool
3. Is my pool compliant NSW?
4. Can you sell a house with a non compliant pool NSW?

It is wonderful to have a swimming pool within your residential property, but swimming pool safety is a vital issue for every homeowner. Whether you’re selling or buying a house, it is essential the pool is compliant with NSW legislation. Read on to learn more about swimming pool compliance or speak to our team of conveyancers if you have any questions.

NSW swimming pool legislation

All kinds of swimming pools located on a property in New South Wales (NSW) are governed by safety legislations – namely the Swimming Pools Act 1992 (the Act), the Swimming Pools Amendment Act 2012 and the Swimming Pools Regulation 2008.

As per the legislation, houses with swimming pools must:

• Be surrounded by a child resistant barrier to protect children below 5 years of age.
• Have their pool fences inspected, to determine whether they meet the required safety standards, before the property is sold or leased.
• Be registered by the NSW State Government. Failure to comply will result in a $220 penalty.
• Swimming pool owners are required to self-assess their pools, and give a statement in the register, that the said swimming pools meet all the safety standards to the best of their knowledge.
• Have a valid swimming pool Compliance Certificate, which a seller of the property will need to provide before the property is sold or leased.

Selling or buying a house with a pool

For sellers

If you’re selling a house, you are legally required to ensure that any pools located on the property meet NSW swimming pool compliance requirements. In the case the seller has not acquired the Compliance Certificate issued by the council, he/she should make necessary arrangements with the local government authority, to obtain such a certificate before marketing the property for sale.

A seller must also ensure that the new prescribed warning statement is included in the contract of sale, which was exchanged on or after 1 September 2010, even if the property does not have a swimming pool.

For buyers

Before signing the contract, a buyer must ensure the seller has included a ‘warning statement’ regarding the swimming pool in the contract of sale. The buyer should also enquire with the seller and the local government authority, whether the swimming pool located in the property is compliant and has been issued with an appropriate Compliance Certificate.

The responsibility lies with the buyer to ensure the pool meets swimming pool compliance standards, and to obtain the Compliance Certificate.

Talk to Owen Hodge about NSW swimming pool compliance

If you are looking to buy or sell a property with a swimming pool, please contact our team of experts at Owen Hodge Lawyers to guide you through the process. Our team can answer any questions about swimming pool compliance. Call us on 1800 770 780 to schedule an initial consultation.

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Swimming pool compliance FAQs

Is my pool compliant NSW?

To determine whether your swimming pool is compliant, there are a number of NSW swimming pool compliance checklists you can use. Please note: these self-assessment checklists depend on:

• When the pool or was built or installed
• What type of pool you have – such as an indoor or outdoor pool, spa, or portable/inflatable pool
• If the pool fence or means of access to the pool was substantially rebuilt or altered, and if so, when

Can you sell a house with a non compliant pool NSW?

Yes, however the property will need to have a certificate of non-compliance within the Contract of Sale.

Do you need council approval for a pool NSW?

In NSW there are two ways to get approval for your pool. Most people prefer to fast-track the process by getting a Complying Development Certificate (https://www.fairtrading.nsw.gov.au/housing-and-property/building-and-renovating/preparing-to-build-and-renovate/approvals) from a certifier instead of your local council. If your building project is relatively straightforward and meets certain criteria then you will qualify.

If you don’t fit the qualifications for a CDC then you’ll need to secure development consent from the council. This process can take longer (up to eight weeks in some cases) to secure council approval.

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