Owning a pool or spa: your obligations
As a NSW pool owner, you must register your pool, meet fencing laws, and display CPR signs. This also applies to portable pools.
Key information
- Drowning in swimming pools is a leading cause of preventable death in children under 5 years of age.
- All pool owners, including portable and inflatable pool owners, need to obey the laws.
- Pool owners are required by law to maintain the safety of their pool area and must ensure children are properly supervised.
Do swimming pool laws apply to me?
The Swimming Pools Act 1992 applies to all swimming pools and spa pools located (or being built) on sites with a residential building, movable dwelling or tourist and visitor accommodation.
The law applies to any excavation, structure or vessel including swimming pools and spa pools that are:
- capable of being filled with water to a depth greater than 30cm, and
- used, designed, manufactured or adapted for swimming, wading, paddling or any other human aquatic activity.
If you're the owner of a property with a swimming pool or spa pool, these laws apply to you.
Strata
In a strata or community scheme, all the lot owners jointly own any swimming pool or spa pool on common property. The owners corporation (or body corporate) is responsible for ensuring such pools are compliant with the Swimming Pools Act 1992.
Building or installing a new pool
When building or installing a new pool, you must:
- talk to your local council about approval requirements in your area or check the supplier details regarding spa or portable pool installation requirements
- use a builder who is licensed by the Building Commission NSW
- ensure that a principal certifier (council or private certifier) has been appointed
- install child-resistant temporary fencing around the pool area while it is under construction
- ensure that the permanent pool fence complies with the Building Code of Australia
- arrange an inspection by the principal certifier once the permanent fence has been installed
- not allow the pool to be used by anyone until an occupation certificate has been issued
install and maintain signage stating that the pool is not to be used until an occupation certificate has been issued.
For more information visit Building a pool: your rights and obligations.
Registration
Pool owners must register their pools online on the NSW Swimming Pool Register. You can pay a fee to your local council to do this on your behalf.
Pool barrier compliance and the Australian Standards
What you must do
Owners of properties with swimming pools must at all times:
- ensure that pools are surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property
- keep closed the doors and gates that provide access to the swimming pool
- ensure that fences surrounding pools are designed, constructed, installed and maintained to comply with the relevant Australian Standards.
The relevant versions of the Australian Standard (AS1926) are dated 1986, 2007 and 2012.
The requirements for child-resistant barriers vary depending on when the pool was built, where the pool is located and if any modifications or renovations have since occurred.
There are currently 3 different Pool Safety Standards that apply in NSW, depending on when the pool was constructed:
- AS 1926-1986, fences and gates for private swimming pools which may apply to pools constructed prior to 30 August 2008
- AS 1926.1 - 2007, swimming pool safety, Part 1 safety barriers for swimming pools which may apply to pools constructed between 1 September 2008 to 30 April 2013
- AS1926.1 - 2012, swimming pool safety, Part 1 safety barriers for swimming pools constructed after 1 May 2013.
If the swimming pool barrier is modified or altered (this may include house and yard renovations), then the current Swimming Pools Act 1992, Swimming Pools Regulation 2018 and Australian Standard AS1926.1-2012 is applied and previous exemptions cease.
Key pool fence measurements
These are the requirements for pool fencing in NSW.
- A pool fence must be at least 1.2m high (as measured from the finished ground level).
- The fence must not leave a gap at the bottom bigger than 10cm from the finished ground level.
- If a boundary fence is part of the pool fence, the barrier must be 1.8m high.
- There must not be gaps of more than 10cm between any vertical bars in the fence.
- If the fence contains horizontal climbable bars, these must be spaced at least 90cm apart.
- Perforated or mesh barriers must have holes no greater than 13mm for fence heights of 1.2m.
- Perforated or mesh barriers of 1.8m height with holes greater than 13mm must not exceed 100mm.
- The pool fence must be well maintained and in good working order.
Non-climbable zone
To prevent children climbing over fencing into the pool area, the laws require pool owners to make sure they maintain a ‘non-climbable zone’ around the pool.
- Any trees, shrubs or any other objects such as a barbeque, pot plants, toys, ladders and chairs must not be within the 90cm non-climbable zone.
- This zone is measured in an arc shape from the top of the pool fence arching towards the ground.
- It also includes the space extending 30cm inside the pool area – this space should also be cleared of any potential footholds or handholds.
- Any horizontal climbable bars on the pool fence must also be spaced AT LEAST 90cm apart.
If your pool area does not meet these requirements, you can contact a licensed builder, pool technician or fencing contractor to carry out work in line with these safety requirements.
Child-resistant doors and windows
Older swimming pools might include doors or windows as part of the pool fence or barrier. This is no longer allowed.
Gate closing and latching devices
Check to ensure that your pool gate:
- is never propped open and is always kept shut
- swings outwards (away from the pool area). If it does not swing outwards, the gate must be re-hung so that it does
- shuts automatically from any open position, without having to forcibly close it
- automatically locks (self-latches) when it closes.
Maintenance
Regular maintenance of your pool gate is essential. Check that:
- all fence bolts, screws and fasteners are tight and in good order
- any loose bolts, screws and fasteners are tightened or replaced
- self-closing gate hinges, locks and latches are sprayed with lubricating oil or silicone.
Spa pool barriers
Some spa pools may use a securely fastened, child-resistant structure (such as a lid, grille or mesh) to prevent access to the spa when not in use.
This exemption can be dependent on the size or function of the spa.
Some larger swim spas may require a fence to be installed to prevent access to the spa area.
CPR signage
In case of an emergency, the law requires that you have a cardiopulmonary resuscitation (CPR) sign displayed near your pool, including portable pools.
The sign must be in good condition and easily readable from 3m away.
New CPR signs came into effect on 1 September 2019. All new pools must use the updated signage. Owners of existing pools aren't required to update their signage unless the pool barrier is substantially altered or rebuilt.
Enforcement and certification
Local councils have the enforcement powers to direct barrier compliance under the NSW swimming pools legislation.
In NSW, local councils are required to:
- conduct a swimming pool barrier inspection program in consultation with their communities
- inspect pools associated with moveable dwellings, tourist and visitor accommodation at 3-year intervals
- at the request of a pool owner, inspect a swimming pool or spa pool prior to the sale or lease of the property
- issue either a certificate of compliance or non-compliance after an inspection
- investigate complaints about breaches of the Swimming Pools Act 1992
- where necessary, direct pool owners to take action to ensure that legislated pool barrier requirements are complied with
- make publicly available a relevant extract of the Building Code of Australia, Cardio Pulmonary Resuscitation Guideline and applicable Australian Standards
- report annually on the number of pool inspections undertaken and the level of compliance with the requirements.
Any concerns about the regulatory actions of councils should be raised with the Office of Local Government.
The Building Commission NSW registers professionals to inspect and certify private swimming pools under NSW swimming pool laws.
Registered swimming pool inspectors (certifiers) are required to:
- at the request of a pool owner, inspect a swimming pool or spa pool prior to the sale or lease of the property
- issue either a certificate of compliance or non-compliance after an inspection
- provide written notice to owners and council when a pool does not comply.
Deemed-to-satisfy solution
From 1 September 2018, the performance requirements of the BCA for swimming pool barriers can be met using either a performance solution or a deemed-to-satisfy (DTS) solution.
Performance solution vs. deemed-to-satisfy solution
A DTS solution follows a set recipe of what, when and how to do something. In the case of swimming pool barriers, the DTS solution from the BCA prescribes materials, components, design factors, and construction methods that, if used, are deemed to meet the performance requirements.
A performance solution on the other hand is unique for an individual situation. These solutions are often flexible in achieving the outcomes and encouraging innovative design and technology use. A performance solution directly addresses the performance requirements by using one or more of the assessment methods available within the BCA.
What this means for home owners
Each method differently impacts the ongoing maintenance and compliance requirements of the pool.
If your pool has a performance solution:
- A certifier registered as a 'building surveyor (unrestricted)' or 'building surveyor – restricted (all classes of building)' can inspect your pool, as can the local council.
- A certifier registered as a 'building surveyor – restricted (class 1 and 10 buildings)' can inspect your pool, but only if the performance solution relates to clause H2P4 of Vol.2 of the BCA.
- A certifier registered as a 'swimming pool inspector' cannot certify your pool.
As such, it is important that pool owners are aware of the method used to meet the performance requirements for their pool. This will involve keeping records of the initial construction, as well as records of assessments and documents issued by certifiers.
Some certifiers may do minor repairs (up to $1,000 including materials and labour) to enable them to issue a certificate of compliance.
To do so, they must have an endorsed contractor's licence or qualified supervisor's certificate under the Home Building Act, authorising them to build a swimming pool or structural landscaping.
The pool owner is free to hire another tradesperson to do the work.
Selling or renting a property with a pool
Owners who are selling a property with a swimming pool or spa pool must ensure the contract for sale includes a registration certificate issued from the Swimming Pool Register, and one of the following:
- a relevant occupation certificate issued within the last 3 years, or
- a valid swimming pool certificate of compliance, or
- a certificate of non-compliance.
If one of the above isn't included, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred.
If a certificate of non-compliance is attached to the contract, the purchaser takes on the obligation to obtain a certificate of compliance.
They will have 90 days from settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance, unless the certificate of non-compliance states that the swimming pool poses a significant risk to public safety.
This requirement does not apply to a lot in a strata scheme or a community scheme, if that scheme has more than 2 lots, or if the sales contract is for an off-the-plan property.
When a residential tenancy agreement is entered into for a property with a swimming pool or spa pool, the landlord or real estate agent must provide the tenant with a copy of the certificate of compliance or occupation certificate.
A certificate of non-compliance cannot be used to rent a property.
This requirement does not apply to a lot in a strata scheme or community scheme, if that scheme has more than two lots.
If you have any concerns about the actions of a real estate agent, contact NSW Fair Trading.
How to get a certificate of compliance
Local councils and registered swimming pool inspectors (certifiers) can inspect swimming pool and spa pool barriers. They will issue a certificate of compliance if the barrier meets requirements.
To allow time to organise an inspection before renting or selling a property, pool owners should contact their local council or a private certifier early.
A certificate of compliance is valid for 3 years. To check if a certificate of compliance has been issued for a particular property, visit the NSW Swimming Pool Register.
Hazards and risks
Pool cleaning systems
There have been several incidents where children have become trapped in cleaning and skimming systems used in swimming pools.
The types of pool cleaning devices involved in these incidents have included:
- potty-style skimmer boxes
- in-floor cleaning systems using suction outlets located on the bottom of the pool.
All pool owners should:
- prevent children from playing with or near any pool outlets
- clearly label and know the location of the on/off switch for the pool filtration system
- display an approved cardiopulmonary resuscitation (CPR) sign in the pool area.
Electrical
Pools and electricity can be a lethal combination. Take extreme care if you have a swimming pool that has a portable electrical pump and filter system, particularly if it does not have protective housing.
When buying pools with electrical pumps and filters you should:
- make sure the pump and filter have an electrical safety approval number or Regulatory Compliance Mark
- check they are suitable for outdoor use
- fit a safety switch to the house where the pool will be used
- arrange for a licensed electrician to install a suitable weather-protected electrical power point close to where the pool equipment will be located, to avoid the use of extension cords.
If it is necessary to use flexible extension cords:
- only use heavy duty cords and always roll them up and store them overnight or when not in use
- do not join a number of extension cords together – buy a single cord of the required length
- make sure extension cords are not damaged by people walking or driving over them, or by pets chewing on them
- always remove the extension cords before mowing any lawn area near the pool.
Safety information for portable pools
For consumers
While fun for small children, serious hazards are associated with portable swimming pools, including inflatable pools:
- Toddlers can drown silently in very shallow water.
- Children can become ill when pool water is left unsanitised for long periods of time.
- Electrocution is a very real threat when portable electrical pumps and filter systems are not used properly.
If you become aware of an unsafe item, whether or not anyone has been injured, you should alert the supplier about the issue. You can also report it by lodging a complaint with us or via the ACCC.
Read the labels
Follow the safety information on labels warning of drowning risks, the need for water purification and the possible requirement for a child-resistant safety barrier.
Pool fencing laws apply to portable pools 30cm or more in height. Consult your local council for fencing requirements.
For suppliers
Liability of suppliers, importers and manufacturers
Suppliers should be aware that statutory warranties are provided by the Fair Trading Act and the Trade Practices Act. This means that goods should be of 'merchantable quality', ie. they meet the basic level of quality and performance expected for their price and description.
Importers and manufacturers can be held liable for defective goods. The law states that goods have a defect if they are not as safe as people would reasonably expect them to be. To determine how safe goods are, all relevant circumstances should be considered including:
- the way the goods have been marketed and packaged
- any instructions for their use (including warnings about what to do or what not to do with them)
- how the goods might reasonably be used.
Manufacturers can be held liable if a person suffers injury or death as a result of a defect or if a person suffers loss because another person suffers injury or death as a result of a defect. Manufacturers should be aware that if found liable in either of these circumstances, they could be forced to pay large amounts of money in compensation.
More information
- Visit Royal Life Saving Australia for more on portable pool safety, water safety in specific locations and fact sheets in other languages.
- To check if a pool has been registered and a certificate of compliance (valid for 3 years) issued, search the NSW Swimming Pool Register.
- To find a registered private swimming pool inspector, search the Building Certifiers Public Register.
- For pool inspections, visit your local council.
- Read safety information to help you prevent electrical accidents.