Drowning in swimming pools is a significant cause ofpreventable death in children under 5 years of age.

Pool owners must ensure that children are alwaysproperly supervised and are required by law to maintainthe safety of their pool area.

If you are a pool owner, planning to build a pool orlooking to buy, rent or sell a property with a pool youneed to ensure you are aware of laws that apply.

Do swimming pool laws apply to me?The Swimming Pools Act 1992 applies to swimmingpools and spa pools that are located(or being built) onsite with a residential building, movable dwelling or touristand visitor accommodation.

The law applies to any excavation, structure or vesselincluding swimming pools and spa pools that are:

● capable of being filled with water to a depth greaterthan 30cm (300mm), and

● used, designed, manufactured or adapted forswimming, wading, paddling or any other humanaquatic activity.

RegistrationPool owners must register their pools online on the NSWGovernment's Swimming Pool Register. Alternatively, youcan pay a fee to your local council to do this on yourbehalf.

A certificate of registration will be issued to the poolowner. To check that your pool has been registered, go tothe NSW Government's Swimming Pool Register websiteat www.swimmingpoolregister.nsw.gov.au

FencingOwners of properties with swimming pools must at alltimes:

● ensure that pools are surrounded with a child-resistant safety barrier that separates the swimmingpool(s) from any residential building and any placeadjoining the property

● keep closed the doors and gates that provide accessto the swimming pool

● ensure that fences surrounding pools aredesigned, constructed, installed and maintained tocomply with Australian standards for swimmingpools.

Please visit the pool safety checklists page on the NSWGovernment´s Swimming Pool Register for furtherinformation at www.swimmingpoolregister.nsw.gov.au/checklists.

Note that portable and inflatable pools that are capableof being filled to a depth of 30cm (300mm) or more mustalso be surrounded by a swimming pool safety barrierand meet the requirements listed above. Safetyinformation about inflatable or portable pools is onthe Inflatable swimming pools page on the Fair Tradingwebsite.

SignageIn case of an emergency the law requires that you have acardio pulmonary resuscitation (CPR) sign displayednear your pool. The sign must be in good condition andable to be read easily from 3 metres.

You can buy a CPR sign from your local pool shop,council or community organisations such as St JohnAmbulance, the Australian Red Cross or Royal LifeSaving.

Swimming poolsTake action to prevent drowning in your pool

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CertificationOwners who are renting or selling a property with aswimming pool or spa pool have additional obligations tomeet.

Selling a property with a swimming pool or spapoolYou must ensure the contract for sale includes:

● a Registration Certificate issued from the SwimmingPool Register

AND

● a valid swimming pool certificate of compliance, or● a relevant occupation certificate issued within the

last 3 years, or● a valid certificate of non-compliance.

If you do not attach the certificates as required, thepurchaser may be allowed to rescind the contract within14 days of exchange, unless settlement has alreadyoccurred.

If a certificate of non-compliance is attached to thecontract for sale, the vendor is transferring the obligationto obtain a certificate of compliance to the purchaser.

The purchaser will have 90 days from the date ofsettlement to rectify defects listed in the certificate ofnon-compliance and obtain a certificate of compliance.

This requirement does not apply to a lot in a stratascheme or in a community scheme if that strata orcommunity scheme has more than two lots, or if thesales contract is for an off-the-plan property.

Renting a property with a swimming pool or spapoolWhen a residential tenancy agreement is entered into fora property with a swimming pool or spa pool, the landlordor real estate agent must provide the tenant with a copyof the valid certificate of compliance or occupationcertificate.

This requirement does not apply to a lot in a stratascheme or in a community scheme if that strata orcommunity scheme has more than two lots.

Should you have any concerns about the actions of areal estate agent, please contact Fair Trading.

How can I organise an inspection and obtain acertificate of compliance?Local councils and certifiers accredited by the BuildingProfessionals Board, who are part of NSW Fair Trading,can carry out a swimming pool barrier inspection. Theycan then issue a certificate of compliance if theswimming pool or spa pool meets all the safetyrequirements.

Pool owners should contact their local council or aprivate certifier early to allow time to organise acompliance inspection prior to renting or selling aproperty.

A swimming pool certificate of compliance is valid for 3years from its date of issue. To check if a certificate ofcompliance has been issued, go to the NSWGovernment's Swimming Pool Register.

Hazards and risksPool cleaning systemsThere have been several incidents where children havebecome trapped in cleaning and skimming systems usedin swimming pools.

The types of pool cleaning devices involved in theseincidents have included:

● potty-style skimmer boxes● in-floor cleaning systems using suction outlets that

are located on the bottom of the pool.

All pool owners should:

● prevent anyone using their pool, particularly children,from playing with or near any pool outlets

● clearly label and know the location of the on/offswitch for the pool filtration system

● display an approved cardio pulmonary resuscitation(CPR) sign in the pool area.

ElectricalPools and electricity can be a lethal combination. Takeextreme care if you have a swimming pool that has a

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portable electrical pump and filter system, particularly if itdoes not have protective housing.

When buying pools with electrical pumps and filters youshould:

● make sure the pump and filter have anelectrical safety approval number or RegulatoryCompliance 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 towhere the pool equipment will be located, to avoidthe use of extension cords.

If it is necessary to use flexible extension cords:

● only use heavy duty cords and always roll them upand store them overnight or when not in use

● do not join a number of extension cords together -purchase a single cord of the required length

● make sure extension cords are not damaged bypeople walking or driving over them or bypets chewing on them

● always remove the extension cords before mowingany lawn area near the pool.

Building a new poolWhen building a new pool, you must:

● obtain the required planning consent● use a builder who is licensed by Fair Trading● ensure that a (council or private certifier) has been

appointed to undertake critical stage inspectionsduring construction

● install child-resistant temporary fencing around thepool area while it is under construction

● ensure that the permanent pool fence complies withthe Building Code of Australia

● arrange a final inspection by the principal certifyingauthority after the permanent compliant fence hasbeen installed

● not allow the pool to be used by anyone, until anoccupation certificate has been issued by theprincipal certifying authority.

Council responsibilitiesIn NSW, local councils are required to:

● develop and implement a swimming pool barrierinspection program in consultation with theircommunities

● inspect pools associated with moveable dwellings,tourist and visitor accommodation at three-yearintervals

● at the request of a pool owner, inspect a swimmingpool or spa pool prior to the sale or lease of theproperty

● issue either a certificate of compliance or non-compliance after an inspection

● investigate complaints about breaches of theSwimming Pools Act 1992

● where necessary, direct pool owners to take action toensure that legislated pool barrier requirements arecomplied with

● report annually on the number of pool inspectionsundertaken and the level of compliance with therequirements.

Any concerns about the regulatory actions of councilsshould be raised with the Office of Local Government.

Private certifier responsibilitiesThe NSW Building Professionals Board, who are part ofNSW Fair Trading, accreditts professionals to inspectand certify private swimming pools under NSW swimmingpool laws.

In NSW, accredited certifiers are required to:

● at the request of a pool owner, inspect a swimmingpool or spa pool prior to the sale or lease of theproperty

● issue either a certificate of compliance or non-compliance after an inspection

● provide written notice to owners and council when apool does not comply.

Should you have any concerns about the actions of acertifier, please contact Fair Trading.

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Product safety lawsThere is a national product safety regulatory frameworkwhich generally applies to consumer goods, includingthose associated with swimming pools. This allows forsafety standards to be developed and product bans orrecalls to be issued.

These laws also impose general prohibitions onmisrepresentations about products and the requirementsfor products to be fit for purpose.

To raise concerns about products, please contact FairTrading.

Portable poolsAll portable swimming pools are covered by a mandatoryStandard: Consumer Goods (Portable Swimming Pools)Safety Standard 2013. Under this Standard, portableswimming pools and their packaging must carry warningmessages to remind purchasers, pool owners, parentsand others of their safety obligations in and around thesepools. More information can be found from ProductSafety Australia at www.productsafety.gov.au.

For safety information about inflatable or portable poolsrefer to the Inflatable swimming pools page on the FairTrading website.

Where can I get more information?For more information, fact sheets in other languages andwater safety requirements, please visit the Royal LifeSaving NSW website or contact your local council.

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www.fairtrading.nsw.gov.auFair Trading enquiries 13 32 20TTY 1300 723 404Language assistance 13 14 50

This fact sheet must not be relied on aslegal advice. For more information aboutthis topic, refer to the appropriatelegislation.

© State of New South Wales through NSW Fair TradingWe encourage the reuse of this information under the Creative Commons Attribution 4.0licence. See NSW Fair Trading's copyright policy at www.fairtrading.nsw.gov.au or emailpublications@finance.nsw.gov.au