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NSW – Changes to Swimming Pool Legislation

Article under Review – Note: the legislation has changed again – please go to Fair Trading for updated information.

During 2012, the NSW government reviewed the Swimming Pools Act 1992 and has implemented a number of amendments to minimise the dangers to small children.

If you own a swimming pool then you must –

  • Register your swimming pool by the 29 October 2013. It can be done online for free at this website, or your local council can do it on your behalf but may charge a fee.
  • Have your pool inspected by the local council – This will start after 29 October 2013 – see the Fact Sheet
  • As of 29 April 2014 all tourist, visitor and multi occupancy developments will require a valid compliance certificate if they have a swimming pool.
  • As of 29 April 2014 a valid compliance certificate will be required to lease or sell any property with a swimming pool and will need to be attached to the sale contract or given to the tenant.

How does the Act define a swimming pool?

A swimming pool is defined as  an excavation, structure or vessel that is capable of being filled with water to a depth greater than 30cm and is used for swimming, wading, paddling or any other human aquatic activity. Generally this includes, but is not limited to, swimming pools and spa pools.

If you have a paddling or wading pool you may be interested in this page as it explains the rules – under the definition if your paddling pool is 30cm deep then by law you are obliged to ensure it is fenced and registered.

To register a pool you should know the following details

  • Address of the pool/spa.
  • The property type for example, private home, multiple occupancy or tourist and visitor accommodation.
  • Is it waterfront property
  • Is the land mass greater than 2 hectares or less than 230 square metres.
  • When the pool/spa was built (choose between 3 date ranges).
  • If the pool barrier has been substantially modified or rebuilt and when that took place (choose between 3 date ranges).

Want to know more?

Go to the department of Fair Trading Website or check out their Fact Sheet

Download Swimming pool Fact Sheet