In Australia we enjoy a good swim, especially on those well-known hot summer days. In 2023, a research study showed that 1 in 7 Aussies lived in a house with a pool or spa.[1] For the rest of us, it’s the local pool or the beach.
If you are selling or purchasing a property with a pool, it’s easy to forget your responsibilities and what you need to check to make sure your pool is compliant with your local council. Regulated by the Swimming Pools Act 1992 (NSW), local councils have the responsibility to ensure that pools in their local government area are registered and comply with the relevant requirements to be compliant.
So, what should you be doing?
Register your pool – The NSW Swimming Pool Register contains a variety of helpful information for checking your pool is safe, as well as tools to lookup your pool and register it with the NSW Government.
Identify the type of pool you have – the Swimming Pools Act applies to any pool indoor or outdoor, but the type of pool, its size, when was it built, and the requirements of your local government, may change the requirements to make your pool compliant. Always check your local governments pool safety policy.
Review the applicable checklist – Once you have checked your pool type, the NSW Swimming Pool Register provides a relevant checklist which you should review when ensuring your pool is safe for all.
Schedule an inspection – Once you’ve confirmed your pool is registered, and you’ve run through the checklist applicable to your pool, schedule an inspection with your local council and their compliance officer or relevant authorised inspector will attend to check your pool complies with relevant requirements. You can also find a registered private certifier through NSW Fair Trading if your local council is unable to attend to an inspection.
Compliance or non-compliance – Once the inspection is completed, you will be provided with a Certificate of Compliance. Alternatively, If you are issued with a Certificate of Non-Compliance by council and are a new owner, you will be given timeframe to rectify the issue which caused your pool to be non-compliant. Once rectified, re-book an inspection.
It is important you check with your local council what their swimming pool policies are as they can vary. It is also important that you comply with the directions given in any notice or order given by an authorised officer as failure to do so may result in penalties or a claim being filed in the Land & Environment Court.
If you are buying, you should check that the seller has provided a copy of the Compliance Certificate for the pool and that the pool is registered. You can search registered pools on the register. You should also familiarise yourself with the policies and requirements of the local council to ensure the pool remains compliant following your purchase. It is also important to note that certificates are only valid for 3 years so always make sure the certificate is valid. If you do receive a notice from council informing you that the pool is non-compliant, you will have 90 days to rectify the issue and ensure your pool is compliant.
If you’d like to discuss more about selling your property or purchasing a new property, give us a call on (02) 9575 7541 or head to our website to book online.
Seth Harlen
Solicitor, Harriss Jones Lawyers
[1] https://www.roymorgan.com/findings/9311-australian-swimming-pool-ownership-march-2023
