Swimming pool certificates
What is a Swimming Pool Certificate of Compliance?
A Swimming Pool Certificate of Compliance is issued under S22D of the Swimming Pools Act 1992 when;
1. The swimming pool has been inspected, and
2. Council’s Authorised Officer is satisfied that the swimming pool complies with the Act.
Checklists can be found at www.swimmingpoolregister.nsw.gov.au to assess the safety of a pool/spa and ensure it meets relevant requirements.
A certificate of compliance is valid for 3 years from the date that it’s issued but ceases to be valid if a direction from a Local Authority is issued.
Do I need a Certificate of Compliance or an Occupation Certificate?
As outlined in The Swimming Pools Amendment Act 2012 you will need either a Certificate of Compliance or an Occupation Certificate to accompany a contract for the sale of land or a tenancy agreement, where a swimming pool is installed on the property.
The Conveyancing (sale of land) Regulation 2010 requires a valid swimming pool Compliance Certificate or a relevant Occupation Certificate (both certificates are valid for 3 years) to accompany a contract for sale.
The Residential Tenancies Regulation 2010 requires a valid swimming pool Compliance Certificate or Occupation Certificate together with proof of registration of the swimming pool with the NSW Swimming Pool Register to accompany a residential tenancy agreement.
What is the fee for applying for a Swimming Pool Certificate of Compliance?
The application fee for a Swimming Pool Certificate of Compliance is listed in the 2019/2020 Fees and Charges, and includes one inspection. If a re inspection is required, an additional fee is payable as outlined in the 2019/2020 Fees and Charges, each subsequent inspection will incur an additional fee as per the 2019/2020 Fees and Charges.
Who can apply for a Swimming Pool Certificate of Compliance?
Under the Swimming Pools Act 1992, the owner of any property on which a swimming pool is situated, can apply to Council for a Swimming Pool Certificate of Compliance.
Note: there is no provision in the Act for any person other than the owner of the premises to make the Application.
How can I apply for a Swimming Pool Certificate of Compliance as the property owner?
Applications for Swimming Pool Certificates of Compliance are available via the Development Hub.
How do I get further information regarding a Swimming Pool Certificate of Compliance?
For further information on Swimming Pool Certificates of Compliance, please contact Council.
You can also refer to the Department of Local Government who have a very useful two page Swimming Pool Laws Brochure explaining your responsibilities as a pool owner as well as the Council’s responsibilities as the Local Authority.
Additional Documents and Links