Frequently Asked Questions - Pool Safety Certification

Should I get a Compliance Certificate even if I’m not selling or leasing my property?

It is recommended that all swimming pool owners obtain a Compliance Certificate to ensure that their pool is compliant and/or any non-compliant issues are pointed out and can, therefore, be addressed to maximise the safety of your loved ones and to minimise risk. Given the increase in recent drownings in backyard swimming pools it has been suggested that a Certificate of Compliance may become mandatory for all swimming pool owners in the near future.

Why does the certifier need to know when my swimming pool was constructed?

Prior to your swimming pool barrier consultation or inspection, you will be asked to provide information that substantiates when the construction of your swimming pool commenced and if any substantial alterations or modifications have occurred in relation to the swimming pool barrier. The date of construction of your swimming pool will determine which prescribed legislative Australian Standard is relevant to the compliance of your swimming pool. There are some exemptions to the standards and the certifier will also require information pertaining to the size of your property and whether it is a waterfront property so that they can ensure the correct Australian Standard is used.

How long does the Certification last?

A swimming pool certificate of compliance is valid for three years from its date of issue. To check if a certificate of compliance has been issued for your property go to the NSW Government’s Swimming Pool Register. A swimming pool certificate of non-compliance is valid for one year from its date of issue or 90 days after the date of settlement whichever is sooner. To check if a certificate of compliance has been issued for your property go to the NSW Government’s Swimming Pool Register.

Does my spa need to be compliant?

The legislation defines a spa as a swimming pool. Consequently, by law, if you are selling or leasing your property you must have your spa inspected and deemed to be compliant by way of a Compliance Certificate. All spas should be deemed to be compliant for safety reasons, irrespective of a potential sale or lease of your property though. If your spa is equipped with a lockable lid this will negate the need for you to have a compliant fence. In the absence of a lockable lid, fencing must meet the Australian Standards as per swimming pools.

What is the process of certification?

We try to keep this as simple and easy as possible. Click to Book Online or Contact us with any questions.

What is the definition of a swimming pool?

The Swimming Pools Act describes a swimming pool as an excavation, structure or vessel: that is capable of being filled with water to a depth of greater than 300mm and that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used for the purpose of swimming, wading, paddling or any other human aquatic activity. A spa pool is classified as a swimming pool by the Act. The definition of a spa includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like, but not a spa bath or bathtub. A spa pool must be fenced if it is not covered and secured by a lockable lid. Note that a fish pond that has been designed and, manufactured to be solely used as a fish pond, is not classified as a swimming pool and therefore no fence (child-resistant barrier) is required.

Can you tell me how and what to fix if I have any problems?

Absolutely, unlike council or some other private certifiers, we provide everything you need. A detailed report outlining the areas of issue, we can assist with repairs or for larger issues suggest tradespeople to assist with the fixes that are required.

If the inspection has a non-compliant result what happens?

If you have had the inspection as you are planning to sell your property – you have a choice -you can get the repairs completed and have a compliance certificate issued or you can choose to sell your property with the non-compliance certificate. If you have had the inspection as you are leasing or property or you are just making sure everything is safe then we can help you through the next steps. We will provide a detailed report to give you all the information you need to fix the problems found.

When is a Swimming Pool certificate of compliance required?

From 29 April 2016, all properties in NSW with a swimming pool or spa pool cannot be sold without a valid certificate of compliance or noncompliance or relevant occupation certificate. Properties that are to be leased require a valid certificate of compliance or relevant occupation certificate These changes apply to you if you are the owner of a property with a swimming pool or spa pool. In a strata scheme, all the lot owners jointly own any swimming pool or spa pool that is on common property. The Owners Corporation (or body corporate) is responsible for ensuring there is a valid certificate of compliance or a relevant occupation certificate for pools and spas. A swimming pool is defined in the law as an excavation, structure or vessel that is capable of being filled with water to a depth greater than 30cm and is used for swimming, wading, paddling or any other human aquatic activity. Generally, this includes, but is not limited to, swimming pools and spa pools.