Swimming pools and spas

NSW Swimming Pool Register

The owner of the premises where a swimming pool and/or spa is situated must ensure it is entered on the NSW Government Swimming Pool Register.

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Do I need Development Approval?

As well as needing a safety barrier, all pools with a water volume of more than 2,000 litres require you to lodge a Development Application with Council prior to installation.

Development applications and Complying Development Certificate Applications are to be lodged through the NSW Planning Portal.  For more information, see When a DA is Required.

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Do I have to fence my pool?

Yes. The property owner must ensure their swimming pool is surrounded by a pool safety barrier that complies with the relevant standards and is in a good state of repair.

Spa pools must be surrounded by either a pool safety barrier that complies with the relevant standard or have a child-resistant lockable lid.

Regardless of how small they are, portable and inflatable pools capable of being filled with water to a depth of 30cm or more also require a child-resistant barrier to be installed.

Depending on when your pool was built, there are different standards that will apply to your pool.

Date Construction commenced	Applicable Standard
Prior to 31 August 2008	AS1926-1986
1 September 2008 to 30 April 2013	AS1926.1-2007
1 May 2013 to date	AS1926.1-2012

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Selling or leasing a property with a pool

If you are selling property that has a swimming pool, or entering into a residential tenancy agreement, you must obtain a compliance certificate for the swimming pool barrier or have had an Occupation Certificate issued for it within the preceding three years.

Authorised Council officers under the Swimming Pools Act can inspect and issue these compliance certificates.

To organise an inspection and obtain a certificate, complete and lodge a Swimming Pool Inspection Application form (fees apply). 

You may choose to engage a private Registered Certifier for these functions.

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Compulsory Inspection for tourist accommodation

Premises with a swimming pool and/or spa on which there is tourist and visitor accommodation, or that have more than two dwellings, or otherwise included in Council's mandatory inspection program must be inspected every three years unless there is a valid certificate of compliance or a relevant occupation certificate in force.

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Spa pools

Spa pools are also covered by the legislation and should be separated by a child-resistant pool safety barrier in accordance with relevant Australian Standard.

Alternatively, a spa may be covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh) at all times when not in use.

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Resuscitation charts

All pools and spa pools must have a Resuscitation Chart/Warning Notice prominently displayed in the immediate vicinity of the pool. It is recommended that resuscitation charts purchased prior to 1 September 2019 be replaced as these charts may contain obsolete information.

The Resuscitation sign:

• must be legible from a distance of at least three metres
• must be maintained in a clearly legible condition
• be securely fixed in a prominent position.

Resuscitation and/or warning signs can be purchased from most pool supply shops and council.

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Swimming pool checklist

You are strongly encouraged to undertake your own self-assessment via the NSW Government pool safety checklists.

• Ensure all of the pool safety barriers are maintained and operating e.g. check gates are self-closing and self-latching from any position.
• Make sure pool gates are kept closed at all times.
• Make sure there are no objects or trees near the pool barrier that would assist a small child to climb the barrier.
• Check that you have a current resuscitation chart secured in a prominent position to the pool.
• Make sure you’ve discussed with your family what to do in an emergency.
• Use the NSW Government checklist to inspect your own pool.
• Actively supervise children when using the swimming pool.

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Resources

• Application for Exemption from Pool Fence Requirements (pdf)
• Swimming Pool Inspection Application (pdf)
• Swimming Pool Legislation website
• NSW Swimming Pool Register website
• NSW Planning Portal website

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