Swimming pools

Drowning is a leading cause of accidental death in young children who lack the cognitive and water skills to deal with the danger. Swimming pool safety is a vital issue that affects the whole community. 

Your responsibilities

If you're the owner of a swimming pool or spa, you must register it on the NSW Swimming Pool Register. Penalties apply if you don't register.

To make your pool or spa as safe, you're required to:

  • keep all gates or doors securely closed and latched
  • maintain the barrier
  • display a CPR chart in a prominent position within the enclosure
  • keep climbable objects (such as chairs and plants) at least one metre away from the pool barrier

Check here to find out if you also require a Pool Certificate of Compliance.

Supervision - there's no substitute!

Water safety in and around swimming pools and spas is very important - the death or injury of a child in a backyard swimming pool or spa is a preventable tragedy.

You can perform your own safety checks by using the pool safety checklist.

Learn more about pool safety requirements here.

Fence your pool - it's the law!

Child resistant barriers in swimming pools and spas should be installed and maintained to the most current Australian Standards

Requirements may vary depending on the year the pool or spa was constructed. If substantial works have been undertaken since the original construction date the entire swimming pool barrier must be upgraded to the current Australian Standard.

You must have a four-sided fence around any pool or spa that can be filled with more than 30 centimetres of water. This includes inflatable and portable swimming pools. Portable or inflatable pools that have a capacity greater than 2000 litres require approval from council. 

Indoor swimming pools have to follow pool compliance regulations, which include specific requirements for door sets, door hardware heights, window openings and the provision of a CPR chart.

The laws provide council with the powers to issue directions to comply with the swimming pool legislation and to issue penalty notices and commence legal action where landowners and occupiers fail to comply with the requirements and relevant directions.

I want to install a new swimming pool. Do I need Council approval?

Exempt Development

Certain pools are permitted without approval

State planning laws permit small backyard swimming pools without the need for Council approval, but only if the swimming pool meets all the following requirements

  • It will not be installed on a property that is heritage listed.
  • It will be used for domestic purposes only.
  • It will be located in the rear yard of the property.
  • It will be located at least 1 metre from each lot boundary.
  • It will not exceed 2,000 litres in capacity.
  • It will not require structural work for installation.
  • It will not impact on the structural stability of any building.
  • A child resistant barrier will be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
  • It will not cause any building to contravene the Building Code of Australia.
  • It will be installed in accordance with manufacturers specifications, if applicable.

Complying Development

If the proposed swimming pool does not meet the requirements for pools that can be installed without approval, then it may be possible to install the pool by gaining a Complying Development Certificate with Council or an accredited private certifier. To satisfy the requirements for Complying Development, the swimming pool:

  • Must be located behind the setback area from a primary road, or in the rear yard.
  • Must be setback at least 1m from a side or rear road.
  • Must not include decking that is more than 600mm above existing ground level.
  • Must not include coping that is more than 1.4m above existing ground level, or 300mm wide if the coping is more than 600mm above existing ground level.
  • Is the subject of an approval under the Local Government Act 1993 where water discharged from the pool is not connected to a sewer main.
  • Must contain all pumps in a sound proof enclosure.
  • Be surrounded by a child resistant barrier that is constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

Note - The application for a Complying Development Certificate must be accompanied by a BASIX Certificate if the capacity of the swimming pool exceeds 40,000 litres.

Development Application & Construction Certificate

If the proposed swimming pool does not meet the requirements for Complying Development, then a Development Application (DA) and Construction Certificate (CC) Application must be lodged with Council. See the development section of this website for further information on the requirements for lodging DA's and CC's.

Note - The Development Application must be accompanied by a BASIX Certificate if the capacity of the swimming pool exceeds 40,000 litres.

  • All NSW swimming pools to be a registered by owners by 29 October 2013.
  • Pool owners will require a compliance certificate before sale or lease of their property from 29 April 2014.

Learn more from the NSW Swimming Pools and Spas Register.

 

 

How has the law changed since I installed my swimming pool?

The Swimming Pool Act 1992 first commenced on 1 August 1992. The following general summary provides an indication of the various fencing provisions that apply depending upon the installation date of the swimming pool.

Installation prior to 1 August 1990

Swimming pools must be either surrounded by a pool fence that separates the pool from any residential building on the premises, or alternatively, access to the pool area must be restricted at all times by fencing, or 'child resistant' barriers must be provided to all doors and windows which provide access to the pool area.

Installation after 1 August 1990

Swimming pools must be surrounded by a pool fence that is separated from any residential building on the premises or from any place (whether private or public) adjoining the premises.

Installation after 1 July 2010

The Swimming Pools Act 1992 permitted various automatic exemptions for swimming pools installed on small lots (< 230m2), large lots (> 2 hectares) and in locations where the pool adjoined a large water body. The Swimming Pools Amendment Act 2009 has since removed these automatic exemptions. The amendments provide for a delayed commencement with pools for which construction or installation has commenced before 1 July 2010 retaining the automatic exemption. All new private pools constructed in NSW after 1 July 2010 must be enclosed by a complying four-sided, child resistant barrier.

The laws provide Council with the powers to issue directions to comply with the swimming pool legislation and to issue penalty notices and commence legal action where landowners and occupiers fail to comply with the requirements and relevant directions.

 

 

 

Back to top