Resize text: -A A +A

Information

 New laws for buying, selling or leasing a property with a swimming pool in NSW

What’s changing?

From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool in NSW. The new laws have an impact on anyone who is selling, buying or leasing a property with a pool.

These changes have been introduced to further protect the safety of children under the age of five around backyard swimming pools.

Properties to be sold with a pool must have:

 

Please refer to the Minister’s media release for further information.

 

Properties to be leased with a pool must have:

 

What is exempt?

These new laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016, which can be accessed here.

 

Your obligations:

  • At the request of the owner, inspect the swimming pool barrier.
  • If the pool barrier is compliant, issue a certificate of compliance within three days of the date of inspection.
  • If the pool barrier is non-compliant, issue a written notice under section 22E of the NSW Swimming Pools Act 1992 and a certificate of non-compliance within seven days of the date of inspection.
  • Certificates of compliance, certificates of non-compliance and registration certificates are only valid when issued from the NSW Swimming Pools Register.
    • The local council must be notified immediately if you are of the opinion that the swimming pool poses a significant risk to public safety.
    • A copy of the section 22E written notice should be provided to the relevant local council:

 

  • Immediately where the pool poses a significant risk to public safety; or
    • Within five days after the expiry of six weeks from the date of inspection if the owner fails to rectify pool barrier non-compliances.


Properties to be sold with a pool must have

 

Please refer to the Minister’s media release for further information.

 

Properties to be leased with a pool must have:

What is exempt?

These new laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016, which can be accessed here.

 

Where do I go for additional assistance?

Your real estate agent, solicitor, conveyancer, strata manager or local authority (council) will be able to assist you.

Legislation can be found on the NSW legislation website. The Acts and Regulations of relevance are:

  • The Swimming Pools Act 1992

  • The Swimming Pools Regulation 2008

  • The Conveyancing Act 1919

  • The Conveyancing (Sale of Land) Regulation 2010

  • The Residential Tenancies Regulation 2010 (schedule 1 – Standard Form Agreement)

  • The Property Stock and Business Agents Act 2002

The amending regulations are:

  • The Swimming Pools Amendment (Inspections) Regulation 2016

  • The Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016

  • The Residential Tenancies Amendment (Swimming Pools) Regulation 2016.

 

What do the changes mean for you?

For more information on how the sale and lease provision will affect you, click on the link below. 

 

Legislation

The Swimming Pools Act 1992 and its regulations work together with Australian Standard 1926 (AS1926) to establish the safety standards for ‘backyard’ swimming pools. These documents have been updated a number of times and, as a result, apply differently at different points in time.

The legislation can be found here:

Australian Standard

The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. Your local council should have a copy of the Standard available for viewing. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.

Many councils produce excellent guidance publications that will assist a pool owner to understand the requirements of the legislation and the Standard. Some examples may be found by following the links below:

Enquiries

For further home pool safety information, you can contact a water safety organisation such as Royal Life Saving Australia, your local council or your local pool supplies retailer.

For swimming pool register enquiries, please contact your local council.