Is your pool registered?
Pool owners are required to register their pools online on the NSW Government’s Swimming Pool Register.
Once registered, a certificate of registration will be issued to the pool owner.
Do you have a Certificate of Compliance?
It is now a requirement that if you are intending to lease or sell your property in NSW, you must obtain a Certificate of Compliance and provide a copy to the tenant or purchaser.
A Certificate of Compliance is valid for three years and certifies that, at the time of the assessment, the pool complied with the minimum safety requirements.
Although a Certificate of Compliance provides the pool owner with some legal protection, there is a continuing legal obligation on the owner to ensure that the pool meets the minimum safety standards. The failure of a property owner to ensure that the pool meets these standards could have severe and significant financial ramifications.
How to get a Certificate of Compliance
If you do not already have a Certificate of Compliance, you should contact your local Council or an accredited certifier to arrange a swimming pool barrier inspection. If the swimming pool meets all the safety requirements they will issue a Certificate of Compliance.
Even when you have a valid Certificate of Compliance, you should put in place a regular maintenance schedule to ensure that the pool is continuing to meet the relevant safety standards. This is particularly important for investment home owners who have leased the property to someone else.
It is also important that you check your home and contents policy. Often, your insurer will include a clause within the policy that negates insurance cover if the minimum safety requirements were not in place at the time of the accident.
What are the pool safety requirements?
As a property owner with a pool, you should carefully consider and review the relevant regulations that are applicable – the minimum safety requirements differ depending on the type of pool and the year that it was built.
Some of the most important pool safety compliance requirements for a home owner are as follows:
- Register your pool online with the NSW Government’s Swimming Pool register;
- Ensure that the pool fence is at least 1200mm high, with the gap between the bottom of the fence and the ground being no more than 100 mm;
- The pool gate must be self closing and latch by itself in any position. It should never be propped open;
- The gate must open outwards, away from the pool;
- From 29 April 2016, if you are leasing the property to someone else, the Residential Tenancy Agreement must include a copy of a Certificate of Compliance.
Where to get more help
To check that your pool has been registered, go to the NSW Government’s Swimming Pool Register website at www.swimmingpoolregister.nsw.gov.au
For further information you can contact Fair Trading NSW or your local council.