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FAQs.

FAQ

Frequently asked questions

Yes, you must register your swimming pool or spa if it can hold more than 300mm of water. This is a legal requirement in New South Wales and must be done before any pool safety inspection or sale/lease of the property. You can register your pool online via the NSW Swimming Pool Register.

💡 Tip: Double check your address on the register — some pools may already be listed, especially for older properties.

A pool compliance certificate confirms your pool barrier complies with NSW pool safety laws. Below are scenario’s where you may need to obtain one;

🔒 Legally Required Scenarios

  1. Selling a residential property with a pool
    You must attach either a certificate of compliance or non-compliance to the contract of sale.
    Applies to any property with a pool or spa capable of holding more than 300mm of water.
  2. Buying a property with a certificate of non-compliance
    The buyer must obtain a certificate of compliance within 90 days of settlement.
  3. Leasing a residential property with a pool
    A valid certificate of compliance is required before a lease agreement can begin.
    A certificate of non-compliance is not accepted for leases.
  4. Final inspection after building a new pool or spa
    A newly constructed pool must be inspected and certified by the building certifier before it can be used.
  5. Commercial, tourist, and care-based facilities with a pool
    If your property is used for visitor accommodation, childcare, family day care, aged care, disability housing, or other public or semi-public purposes, pool compliance is legally required — and in most cases, you must obtain a new compliance certificate every 12 months.
  6. If your local council issues a direction or conducts an inspection
    If your pool fails inspection, you’ll need to fix the issues and obtain a compliance certificate.

👍 Recommended Scenarios (Not Legally Required, But Smart)

7. Before refinancing or requesting a property valuation
Some lenders may request proof of pool compliance, especially if it affects the risk profile of the asset.

8. After renovations, landscaping, or layout changes
Any updates to your yard or changes near the pool — such as new decks, fences, or retaining walls — can affect barrier compliance.
It’s a good idea to recheck compliance if anything changes around your pool area.

9. Following weather damage, deterioration, or DIY repairs
Over time, gates may sag, latches break, or fencing rusts — making your once-compliant pool unsafe.
A voluntary inspection can identify hidden risks.

10. If your previous certificate has expired (older than 3 years)
A pool compliance certificate expires after 3 years. You only need to renew it if you’re selling or leasing the property, but doing so proactively helps maintain safety and peace of mind.

💡 Tip: Consider a voluntary check if you have kids, guests, or use your pool often — especially if your previous certificate has lapsed.

11. If you’re unsure whether your pool is compliant
If it’s been a few years or you’ve never had an inspection, booking a proactive one is the safest move — especially for families, landlords, or short-term rental hosts.

A NSW pool compliance certificate remains valid for 3 years (1 year for accommodation businesses or other commercial facilities). However, if changes are made to the pool fencing or it falls into disrepair, the certificate may no longer be valid and a new inspection may be required.

💡 Tip: Set a reminder a few months before expiry to avoid delays in your sale or lease process.

If your pool barrier doesn’t meet the legal safety standards in NSW, a certifier will issue a non-compliance notice with details of what needs fixing. Once the issues are rectified, you can request a reinspection to obtain your certificate.

💡 Tip: Ask your inspector for clarification on the non-compliance report to avoid misinterpreting the required fixes.

No. In NSW, you must attach either a certificate of compliance or a certificate of non-compliance to the sales contract. This applies to any residential property that includes a swimming pool or spa.

💡 Tip: Don’t leave inspections to the last minute — delays can affect your property settlement or lease agreement.

Yes, but only when selling — not leasing. The buyer then has 90 days from settlement to make the pool compliant. This option is common when vendors don’t have time to complete the repairs.

💡 Tip: Be transparent with buyers about pool barrier issues to reduce the risk of post-sale disputes.