Swimming Pool Legislation

Environment Planning & Assessment Act 1979 and Regulation

The Environment Planning & Assessment Act 1979 provides the underlying legislation in relation to the approval process for buildings and structures including swimming pools. These processes fall into three distinct categories of development. See Building a New Swimming Pool for more details.

Swimming Pools Act and Regulation

The Swimming Pools Act 1992 and the Swimming Pools Regulation 2008 regulate the circumstances in which a barrier is required around a swimming pool and the standards to which it must be constructed.

The Act and Regulation may be accessed online at the NSW Government Legislation website by following the links below. Hard copies are also available to view during business hours at Council’s Customer Service Centre at 40 Cherry Street, Ballina.

Building Code of Australia (BCA)

The BCA is the principal document containing the construction standards for buildings and structures within Australia and specifically to NSW.

In NSW, the BCA requires swimming pool safety barriers to be installed in accordance with the technical construction standards of Australian Standard AS 1926.1-2007 and in the locations as determined by Australian Standard 1926.2 -2007. Where there is any discrepancy between these Standards and the Swimming Pools Act and Regulation, the Act and Regulation prevail.

See the following page for general information on the requirements for swimming pool fences.

The BCA requires skimmer boxes and water outlets for swimming pools to be in accordance with Australian Standard 1926.3.

The BCA also sets out the construction standards to which new concrete and fibreglass pool are to be constructed.

Further Information

Please contact Council's Development and Environmental Health Group, phone 02 6686 1415.

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