Are you renting or selling a home with a pool in New South Wales? Well, this post is for you. We’re sharing everything you need to know about pool compliance so your pool is both legal and safe.
The laws governing home pools in NSW
Now, we don’t want to bog you down with too much information. But there are three pieces of legislation that work together to govern swimming pool safety standards across Australia:
- The Swimming Pools Act 1992
- The Swimming Pools Regulations 2018
- Australian Standard 1926
There are three Pool Safety Standards in NSW that differ depending on when your pool was built. Here’s a quick summary:
- AS 1926-1986 for pools built before 1 August 1990: Pool access from the house must always be restricted. Windows and doors can form part of the barrier but have to be compliant.
- AS 1926.1-2007 for pools built between 1 August 1990 and 1 July 2010: The pool must be surrounded by a barrier that separates it from the house. There are exemptions if you have an extra small, extra big or waterfront property.
- AS1926.1-2012 for pools built after 1 July 2010: The same as above with no exemptions.
What you need to rent or sell a home with a pool in NSW
So, what do you need to rent or sell your home with a swimming pool? In NSW, properties with a pool need a certificate of registration and either a certificate of compliance, a relevant occupation certificate issued within the last three years, or a certificate of non-compliance. The registration evidence and the certificate must be included in the sale contract.
If there’s a certificate of non-compliance, the seller must include the certificate and any inspection reports in the sale contract. Then the purchaser has 90 days from settlement to rectify the defects and obtain a certificate of compliance.
For the fastest sale and the best price, we strongly recommend getting a certificate of compliance before selling. For landlords, a certificate of compliance is mandatory. You can’t rent out your property without it.
How to make your pool compliant
This Home Pool Safety Checklist is a great place to start. NSW Swimming Pool Register also has multiple checklists for different pools, like indoor pools and spas.
But here are some of the key details to make a backyard pool compliant:
- The pool gate must be self-closing, self-latching and open outward away from the pool. The latch also must be 1.5 metres from the ground so it’s out of reach of young hands.
- Your fence must be at least 1.2 metres high with vertical gaps no more than 100mm apart.
- All pool toys must be stored securely out of view and any objects that can be used to climb the fence (like chairs or trees) must be removed.
- Pool chemicals must be stored securely and out of a child’s reach.
- You must have a CPR sign visible in the pool area. You can pick this up at your local pool supply store.
The next steps
First, visit the NSW Swimming Pool Register to register your swimming pool. This will also tell you if your pool already has a certificate of compliance, which is valid for three years. To get a certificate of compliance, the local council or a private pool certifier must inspect your swimming pool. Click here to find a registered certifier in Sydney.
If you have any further questions, visit NSW Fair Trading. We’re up-to-date with home pool regulations and we can talk you through the details of selling a home with a pool in the Northern Beaches.
Selling in the new year? Talk to us
If you’re thinking about selling after the festive season, please feel free to get in touch – we’re always happy to talk through the current market conditions and have lots of buyers looking for their next home.
