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Pools and spas

In 2016 the NSW Government introduced laws that apply to the sale and lease of a property with a swimming pool or spa pool in NSW. These laws apply to anyone who is buying, selling or leasing a property with a swimming pool or spa pool. The changes came into effect to further ensure the safety of children under the age of five around backyard swimming pools.

A swimming pool is defined as an 'excavation, structure or vessel that is capable of being filled with water to a depth greater than 300 millimetres'.

Pool structures that fall within this category include:

  • above-ground pools and spas
  • inflatable swimming pools
  • concrete and fibreglass swimming pools
  • temporary or wading pools.

This page outlines the requirements and responsibilities of owning a pool in NSW, including:

  • pool registrations and inspections
  • pool safety and fencing requirements
  • barrier design requirements.

Supervision is the key to preventing drowning deaths or injury to young children.

Under the Swimming Pools Act 1992, the owner of a swimming pool has responsibility to ensure that the pool is surrounded by a complying child-resistant pool fence or safety barrier at all times.

Pool barriers are not child-proof, but they can slow down access into the pool area.

Barriers less than 1800mm

Under or through requirements are:

  • maximum gap - 100mm
  • allowing for flex in the barrier bars results in a vertical gap of around 80mm.

Two primary components for restricting access are:

  • height and setback to maintain the integrity of height required; height of 1200mm minimum measured outside of the barrier, maintained for a distance of 500mm from the barrier
  • non-climbable zone.

Barriers less than 1800mm are used for:

  • internal fences
  • retaining walls
  • balcony/deck balustrade.

Non-climbable zone

  • Minimum of 900mm along the face of the barrier, together with an arc from the barrier restricting access climbing over the barrier.
  • Minimum of 900mm arc from the top of the barrier overhanging balconies, branches etc, restricting access climbing over the barrier.

Barriers not less than 1800mm

Under or through requirements are:

  • maximum gap - 100mm
  • allowing for flex in the barrier bars results in a vertical gap of around 80mm.

Two primary components for restricting access are:

  • height and setback to maintain integrity of height required; height of 1800mm minimum measured inside the barrier, maintained for a distance of 500mm from the barrier.

Barriers not less than 1800mm are used for:

  • internal fences
  • retaining walls
  • balcony/deck (floor)
  • window (lowest opening ledge).

Non-climbable zone (boundary barrier)

  • Minimum of 900mm from the top of a boundary barrier along the face of the barrier and an arc from the barrier, restricting access climbing down the barrier.
  • Used for boundary barrier (dividing fence).

Under the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018, Council must:

  • implement a swimming pool barrier inspection program. The aim of this program is to ensure that swimming pools are protected by a child-proof barrier designed to meet the Australian Standard requirements
  • ensure we are notified of all swimming pools in the Eurobodalla Shire
  • carry out investigations relating to pool safety concerns and complaints.

Any pool structure that can be filled with 300mm of water or more, and is used for swimming and other water activities, must be registered on the NSW Swimming Pool Register.

Pool structures that fall within this category include:

  • above-ground pools and spas
  • inflatable swimming pools
  • concrete and fibreglass swimming pools
  • temporary or wading pools.

Safety self-assessment checklists

You can use these helpful safety checklists available on the NSW Swimming Pool Register website. The checklists are designed to help you determine whether your pool or spa barrier meets the safety standards in NSW.

Fences and gates

  • Pools must be surrounded at all times by a child-resistant barrier that separates the swimming pool from any residential building on the premises, and from any place (public or private) adjoining the premises.
  • Any pool barrier or gate must be maintained in a good state of repair as an effective and safe child-resistant barrier.

Sutherland Shire Council's pool safety booklet contains diagrams of the required measurements of pool fencing and other NSW pool safety criteria.

You can read more about the measurements and requirements of pool barriers to ensure they meet NSW safety standards in the previous section on this page 'Pool safety barrier design requirements'.

Pool boundary fence

  • Where a boundary fence is used as a barrier restricting access to a pool, it should be a minimum of 1800mm (height measured from inside the pool area).

Internal fence and gate

  • Gates and pool fencing should be a minimum height of 1.2m above ground level (height measured from outside the pool area).

Costs for a dividing fence

  • All expenses for constructing, repairing, altering, replacing or maintaining a dividing fence that is used as a pool barrier, are at the cost of the pool owner.
  • If a pool is located on more than one property that shares a dividing fence used as a pool barrier, the cost of the fence should be shared equally by each pool owner.

You can read more about how the expenses of constructing dividing fences are shared in the Swimming Pools Act 1992.

Gaps

  • Any gaps in your pool fence or gate must be no greater than 100mm.

Gates

Gates are one of the most common failure for children to gain access to a pool.

It is important to ensure that:

  • gates are self-closing and self-latching, and must be closed at all times
  • gates are no more than 1m wide - the wider they are, the more weight is applied - this can result in failure of the latching mechanism
  • the latch release is positioned a minimum of 1.5m above ground level
  • gates open outwards from the pool area
  • where the latch release is less than 1.5m above ground level, a shield is used with the latch positioned on the pool side. This should be a minimum of 150mm from the top of the gate. The shield ensures that a person has to reach over the gate to access the latch release mechanism.

Non-climbable zone

To prevent children climbing over a fence into the pool area, the law requires pool owners to make sure they maintain a Non-Climbable Zone (NCZ) around the pool:

  • The NCZ extends 900mm within, outside and above the fence and gate barrier.
  • The NCZ is located on the inside (pool side) and extends 900mm from the top and outwards from the barrier, for boundary fences that are used as a barrier.
  • The NCZ extends 300mm inside the barrier, for barriers with openings greater than 10mm
  • Landscaping, barbeques, pot plants, chairs, steps, decks, retaining walls, lighting and any other furniture or fixtures must not be within the 900mm NCZ.

Portable, demountable and baby pools

If these pools can be filled with water to a depth more than 300mm, standard barrier rules apply.

For pools that are less than 300mm in height, you should always empty the pool after use and pack it away so that it can't collect rainwater and pose a risk to young children.

Indoor pools

Access to an indoor pool should comply with certain requirements:

  • Child-resistant windows must be installed, ie, security mesh or grill permanently fixed over the opening of the window.
  • When not in use, doors must be closed at all times to restrict access for children.
  • The requirements for gates and fences mentioned on this page apply to indoor pools where the indoor area is separated into a pool area and non-pool activity area.

The requirements for child-resistant doors are:

  • The width of the door must be a minimum of 1m to ensure durability of the self-latching operation.
  • Pet flaps or openings are not allowed within the door.
  • The door must be self-closing and self-latching.
  • A NCZ of 900mm applies to the outside face of the door. The NCZ should be positioned no more than 1200mm above the floor.
  • A glass viewing insert within the door is recommended to allow viewing into the pool area, and for safety purposes when the door is being opened.
  • The door must open outwards from the pool area.
  • The door release must be a manual operation so that a potential power failure doesn't allow the door to be opened.
  • The door knob/latch release must be a minimum of 1.5m above the floor and must be located on the outside face of the door.
  • The door must be a side-hung door forming part of a barrier for an indoor pool.

Access to an indoor pool must always restrict the entry of young children.

Any use within the indoor area of a pool, such as a gym, entertaining etc, must be separated from the indoor pool by a suitable child-resistant barrier and gate.

Spa pools

  • Spa pools must be surrounded by a child-resistant barrier. The same barrier for a pool or a child-resistant lid that is secured to the spa can be used, and should be kept locked in place when the spa is not in use.
  • This does not apply to a spa pool that includes other uses such as a swim spa or plunge pool spa.

Objects near a barrier

  • In order to maintain the required height of a barrier, steps, retaining wall etc, level changes are to be 500mm from the barrier.

Resuscitation chart

  • All pools must have a warning notice with a resuscitation chart in an obvious place in the immediate vicinity of the pool (not within any landscaped area and facing the pool). The chart must be legible from three metres away and must be well maintained.
  • You can purchase resuscitation charts from Council's customer service centre in Moruya.

More information

Balcony barrier over a pool area

A balcony barrier should comply with AS1926.1 requirements where:

  • the distance from any part of the floor of the balcony to the finished ground level of the pool area is less than 1800mm
  • the balcony has stairs into the pool.

AS1926.1-2007 (access to a pool from an upper level) guidelines may help.

Balcony barriers adjacent to pool area

A balcony must have a balustrade that complies with AS1926.1. These requirements apply where:

  • the balcony has stairs that lead directly to access the pool
  • any part of the balcony floor encroaches the non-climbable zone.

More information

  • Sutherland Shire Council's pool safety booklet contains diagrams of the required measurements of pool fencing and other NSW pool safety criteria.

Retaining walls or cliffs that are used as part of a pool barrier

  • Ramps or stairs that provide access to or from the pool must have a fence and gate.
  • Where the cliff or retaining wall has a height of 1000mm or higher, this is the minimum height the safety fence must be to prevent falls from the cliff or wall.

Barrier below the pool

Depending on the height of the retaining wall or cliff:

  • The cliff slope or wall should be no greater than 15 degrees.
  • The wall/cliff fence barrier combination should be a wall or cliff and fence to achieve the minimum 1200mm high barrier. There must also be a fence on top of the wall, which should be a height for safety and should not cause a trip hazard.

Pool structures

There are certain structures that are allowed if they are solely associated with pool use:

  • free-standing pergolas, small shade structures, pool furniture, cabanas, etc,
  • sheds that are used to hold pool chemicals, pool filter and filtration equipment, etc.

If you're not sure about a proposed structure within your enclosed pool area, contact our Certification Team.

Restrictions and access to pool area

  • Pools must be separated from all residential buildings, or any structure not solely associated with the pool, eg, detached or attached garage, boat shed, laundry, shed or clothes line.
  • A child-resistant barrier is needed to separate a residential building from a pool structure.
  • Access is not allowed through the pool area to your house from the street, waterfront or other public place. You must only access the enclosed pool area for pool use only and not as a means of access to other structures.

Exemptions

Exemptions apply for some existing pools based on age and location. However, Council strongly recommends you upgrade your pool to comply with current safety standards.

Pools with exemption status

Provided owners ensure access to a pool is restricted at all times, exemption status applies to pools:

  • built before 1 August 1990
  • on waterfront properties built before 1 July 2010
  • on properties with an area less than 230 square metres, built before 1 July 2010
  • on properties with an area of two hectares or more, and built before 1 July 2010.

The pool exemption status does not remain for the life of the pool.

Further types of pool exemption

If you do not meet the exemption criteria, there are circumstances where you can apply for a pool exemption under section 22 of the Swimming Pools Act 1992. Please read this section of the Act before you apply for a Certificate of Exemption.

Apply

You can apply to Council for a Certificate of Exemption:

You can then lodge your application:

  • in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
    You will need to pay your application fee at the time of lodgement.
  • by email: Eurobodalla Shire Council
  • by post: Eurobodalla Shire Council, PO Box 99, Moruya NSW 2537
    • Please include payment with your application to avoid delay in lodgement.

More information

Registration of swimming pool or spa pool

It is compulsory for all pools to be registered. Swimming pool and spa pool registration is free.

You can check online to make sure your pool is registered.

If your pool or spa pool is not registered, you can register it online at the NSW Government Swimming Pool Register.

You can also access the NSW Swimming Pool Register self-assessment checklists, which help with safety questions at the time of registration.

Once your swimming pool or spa pool is registered online, you will receive a Certificate of Registration.

Non-registration of your pool can result in a fine of $220.00.

Certificate of Compliance

Amendments to the Swimming Pools Act 1992 require all councils to adopt a swimming pool barrier inspection program. The aim of the program is to ensure that swimming pools are protected by a child-proof barrier designed to meet Australian Standard requirements.

Council's Building Certifiers can carry out a swimming pool barrier inspection. If your swimming pool or spa pool meets all safety requirements and passes the inspection, Council will issue a Certificate of Compliance (COC). A COC is valid for three years from its date of issue.

You can check if a COC has already been issued for your pool or spa pool on the NSW Swimming Pool Register:

Should your pool already have a COC or Occupation Certificate that is less than three years old, you do not need to get your pool inspected.

You can also apply for a COC if you're unsure whether your swimming pool meets the required safety standards. Council's Building Certifiers will inspect your swimming pool and provide details of any safety issues. Once these issues have been addressed and a second inspection has been carried out and is successful, Council will issue a COC.

Inspection fees

Council will charge a fee of $150 (including GST) for an initial pool barrier inspection and $100 (including GST) for a reinspection, if required. This includes the issue of a COC for complying pool fences.

Council will also charge additional fees to carry out follow-up inspections.

Apply

You can apply to Council for a pool barrier inspection and COC by completing the application:

Before you lodge your application with Council, you must:

  1. register your swimming pool or spa pool online
  2. have a valid Certificate of Registration (you will need to lodge this with your Pool Barrier Inspection Application).

Lodge your application and Certificate of Registration:

  • in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
    You will also need to pay your application fees at the time of lodgement.
  • by email: Eurobodalla Shire Council
  • by post: Eurobodalla Shire Council, PO Box 99, Moruya NSW 2537
    • Please include payment with your application to avoid delay in lodgement.

If you needed Council approval to construct a pool, you will also need approval to demolish it. However, if your pool has heritage significance, you should contact Council's Development Help Desk for advice.

Approval requirements

Above-ground pools (including pre-fabricated and inflatable pools)

Formal approval is generally not needed if these types of pools do not exceed a depth of 600mm in the ground. However, strict removal standards need to be met.

Your responsibilities include:

  • dismantle the pool and remove all materials
  • ensure you restore the ground level to its natural level and grade
  • where filling of the site is required, only clean drainable fill should be used
  • filling of the site should be compacted and graded to natural contours to avoid creating drainage issues
  • suitable erosion control measures should be put in place to prevent silt run-off into neighbouring properties.

In-ground pools

You must get Council approval if you intend to demolish an in-ground pool. This includes pools in the ground more than 600mm, and any concrete, fibreglass, masonry or similar pools. For this type of development, you will need to apply for a Complying Development Certificate or a Development Application.

You can contact Council's Development Help Desk for advice on which application applies to your development.

Your responsibilities include:

  • the development must be carried out in accordance with AS 2601-2001 - the demolition of structures
  • the site must be filled to restore the site to the existing ground level, taking into account any slope. The fill must be compacted and all piping or similar material is to be removed before the pool excavation is filled
  • a silt fence should be erected to make sure that debris does not escape into the drainage systems, waterways and adjoining properties
  • run-off and erosion controls should be put in place to divert uncontaminated run-off around cleared or disturbed areas. This will prevent water pollution, soil erosion or loose sediment being discharged from the land
  • controls put in place to prevent the transfer of sediment by vehicles onto the roads.

Removal of pools that don't need approval

You are still required to notify Council if you are removing a pool that didn't need approval, so that we can update our records and the NSW Pool Register.

When you notify Council of your pool removal, please provide two photographs:

  1. the pool before it is demolished
  2. the site after pool removal and the land reinstated.

You can send your notification to:

Between 1 August 1992 to 30 June 2010, the Swimming Pools Act 1992 provided an alternative to the general requirements of the location of child resistant pool barriers, known as exemptions.

Exemptions apply for some existing pools based on age and location. However, Council strongly recommends you upgrade your pool to comply with current safety standards.

Pools that the exemption status applies to

Provided you ensure the means of access to a pool is, at all times, restricted, exemption status applies to pools:

  • built before 1 August 1990
  • on waterfront properties built before 1 July 2010
  • on properties with an area less than 230 square metres, built before 1 July 2010
  • on properties with an area of 2 hectares or more, and built before 1 July 2010.

The pool exemption status does not remain in force for the life of the pool.

Further types of pool exemption

If you do not meet the exemption criteria, there are circumstances where you can apply for a pool exemption under section 22 of the Swimming Pools Act 1992. Please read this section of the Act before you apply for a Certificate of Exemption.

New structures

For all new structures (ie, pergola, carport, shed, garage etc,) door exemptions do not apply and child-resistant doors are no longer allowed. New structures must be located outside the enclosed pool area child-resistant barriers.

Pool exemption status

Loss of exemption status

Pool exemption status will be removed if:

  • the exempt barrier is removed for any reason, eg, the dwelling is demolished
    or
  • the exempt barrier was not in place or was not provided
    or
  • restricted access to either a pool barrier or pool is not provided
    or
  • access to a pool barrier or pool is rebuilt or substantially altered
    or
  • you fence your pool on a voluntary basis; once the pool has been fenced, the exemption cannot then be reinstated and you must comply with all current compliance standards
    or
  • restricted access to a pool barrier or pool does not comply or is not maintained.

Keeping your exemption status

In order to keep your exemption status, the means of access and pool barriers must continue to comply with the safety standard applicable at the time your pool was built.

Apply

You will need to satisfy Council that the circumstances warrant an exemption.

Lodge your application with Council:

  • in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
    You will also need to pay your application fees at the time of lodgement.
  • by email: Eurobodalla Shire Council
  • by post: Eurobodalla Shire Council, PO Box 99, Moruya NSW 2537
    • Please include payment with your application to avoid delay in lodgement.

When Council assesses your application, we will consider whether:

  • it is unreasonable or impractical for you to comply with the requirements
  • the alternative safety provisions are effective.

In 2016, the NSW Government introduced laws that apply to the sale and lease of a property with a swimming pool or spa pool in NSW. These laws have an impact on anyone who is buying, selling or leasing a property with a swimming pool or spa pool.

Buying or selling

Before you buy a property with a swimming pool, it is strongly recommended that you ensure the pool complies with the requirements under the Swimming Pools Act 1992. You should also make sure that the pool is registered on the NSW Swimming Pool Register.

Properties on the market that have a swimming pool or spa pool must have a:

attached to the sales contract to sell the property.

If these certificates are not attached, this may allow the purchaser of the property to rescind the contract within 14 days of exchange, unless settlement has already taken place.

Leasing

For properties containing swimming pools that are leased, it is the landlord's responsibility to make sure the requirements of the Swimming Pools Act 1992 have been complied with.

Properties to be leased that have a swimming pool or spa pool must have:

attached to new Residential Tenancy Agreements to rent the property.

The landlord or real estate agent must provide the tenant of the property with a copy of the valid Certificate of Compliance or Occupation Certificate before the property is leased. However, these laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.

Renter's responsibility

  • If you live in a rental property with a pool, it is your responsibility to ensure that all gates and doors are kept securely closed at all times.
  • If a pool gate or fence needs repair, you should report this without delay to the owner or agent.

Swimming pool or spa pool registration

Under the Swimming Pools Act 1992, you must register your swimming pool or spa pool on the NSW Swimming Pool Register. Registration is free.

You can:

Once your swimming pool or spa pool is registered, you will receive a Certificate of Registration.

Certificate of Compliance

Amendments to the Swimming Pools Act 1992 require all councils to adopt a swimming pool barrier inspection program. The aim of the program is to ensure that swimming pools are protected by a child-proof barrier designed to meet Australian Standard requirements.

Council's Building Certifiers can carry out a swimming pool barrier inspection. If your swimming pool or spa pool meets all safety requirements, Council will issue a Certificate of Compliance (COC).

A COC is valid for three years from its date of issue. You can check if a COC has already been issued for your pool or spa online at NSW Swimming Pool Register.

If a COC or Occupation Certificate has been issued and is less than three years old, you do not need to get your pool inspected.

Inspection fees

Council will charge a fee of $150 (including GST) for an initial pool barrier inspection and $100 (including GST) for a reinspection, if required. This includes the issue of a COC for complying pool fences. Council will also charge additional fees to carry out follow-up inspections.

Apply

You can request a pool barrier inspection by completing the application:

Before you lodge your application with Council, you must:

  1. register your swimming pool or spa pool online
  2. have a valid Certificate of Registration (you will need to lodge this with your application).

Lodge your application and Certificate of Registration:

  • in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
    You will need to pay your application fees at the time of lodgement.
  • by email: Eurobodalla Shire Council
  • by post: Eurobodalla Shire Council, PO Box 99, Moruya NSW 2537
    • Please include payment with your application to avoid delay in lodgement.

Certificate of Non-Compliance

A certificate of Non-Compliance is valid for one year and relates only to a sales contract for a property. It does not provide exemption for an existing owner from carrying out works required to achieve compliance.

Existing pool owner

Regardless of whether you have a Certificate of Non-Compliance, the existing pool owner is in breach of the Swimming Pools Act 1992 and is subject to enforcement action. This may include the issue of a fine for non-compliance.

If your property settlement has been extended or delayed, as the existing pool owner, you must carry out the works required in order for the pool to comply with the Act.

New pool owner

The Certificate of Non-Compliance will state whether the pool is a significant risk to public safety.

  • If the certificate states the pool is a significant risk to public safety:
    • regardless of whether a Certificate of Non-Compliance has been issued, the new pool owner will not receive a further timeframe to carry out required works. The owner will also be subject to enforcement action if the pool barrier continues to be non-compliant.
  • If the certificate states the pool is not a significant risk to public safety:
    • regardless of whether a Certificate of Non-Compliance has been issued, the new pool owner is provided with a timeframe of 90 days from the date of purchase of the property to carry out any works that are required to ensure the pool barrier is compliant. Should the works not be carried out after 90 days and the pool barrier continues to be non-compliant, the new pool owner is subject to enforcement action.

The importance of supervision and CPR

It is important to remember that while fencing may help to reduce drownings in backyard pools, the most effective way to prevent drownings is for children to be supervised by a parent or other responsible adult.

  • Supervise children in and around pools and spa pools at all times.
  • Teaching children to swim from an early age is vital to prevent drowning.
  • Training in resuscitation techniques will give adults the skills needed in an emergency situation.

Get involved

More information

Legislation and standards

Contact us

For more information, contact our Development Help Desk: