Swimming pool barrier compliance

A Certificate of Compliance is a formal certificate issued by Council which states that at the time of inspection, the swimming pool complies with the requirements of Part 1 of the Swimming Pools Act 1992, which includes the requirements for swimming pool fencing.

A valid Certificate of Compliance or relevant Occupation Certificate must be attached to new residential tenancy agreements to rent property with a swimming pool or spa pool. This requirement, however, does not apply to a lot in strata or community schemes with more than two lots.

A copy of a valid Certificate of Compliance or relevant Occupation Certificate, or a valid Certificate of Non-Compliance, must be attached to the sales contract to sell property with a swimming pool or spa pool. This requirement, however, does not apply:

• to a lot in strata or community schemes with more than two lots
  or
• for any off-the-plan contracts.

These requirements apply to you if you are the owner of a property with a swimming pool or spa pool and you propose to sell the property or rent it to tenants.

Council's Building Certifiers can carry out a swimming pool barrier inspection and can issue a Certificate of Compliance if the swimming pool or spa pool meets all the safety requirements.

A Certificate of Compliance is valid for three years from its date of issue. You can check if a Certificate of Compliance has already been issued online on the NSW Government Swimming Pool Register.

Inspection fees

Council will charge a fee of $150.00 (including GST) for an initial pool barrier inspection and $100.00 (including GST) for a reinspection, if required. This includes the issue of a Certificate of Compliance for complying pool fences. Council will also charge additional fees to carry out follow-up inspections.

Application form

You can request a pool barrier inspection by completing the application form and paying the inspection fee:

• Application for Certificate of Compliance for Swimming Pool (411KB).

Lodgement

Before you lodge your application with Council you must register your swimming pool or spa pool online and have a valid Certificate of Registration. This certificate will need to be lodged with your Application for Certificate of Compliance for Swimming Pool.

Once registered, you can lodge your application with Council:

• by applying online: via our eServices system
• in person: at our customer service centre on the corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
  Please arrive before 4pm so there is sufficient time to thoroughly check and lodge your application. 
  You will need to pay your application fees at the time of lodgement.
• by email: Council
• by post: Eurobodalla Shire Council, PO Box 99 Moruya NSW 2537.
  If you are mailing your application, include payment with your application to avoid delay in lodgement.

Should your pool already have a Certificate of Compliance or a relevant Occupation Certificate that is less than three years old, there is no requirement for the pool to be inspected as part of the inspection program.

A relevant Occupation Certificate may be used instead of a Certificate of Compliance if it:

• authorises the use of the swimming pool
  and
• is less than three years old.

However, if an Occupation Certificate is used, evidence that the swimming pool is registered must also be provided with the sales contract.

It is compulsory for all pools to be registered.

You can register your swimming pool or spa pool, or check whether it has already been registered and print a Certificate of Registration online on the NSW Government Swimming Pool Register.