• All contracts for the sale of land must include a warning about Swimming Pool safety and an owner’s obligations under the Swimming Pools Act 1992 to ensure that a swimming pool on the property complies with the legislation.
  • A Purchaser should always ensure that the swimming pool complies with legislation by making the appropriate enquiries with Council.
  • From 29 April 2013 the NSW Swimming Pool Register will be available for public use. Swimming pools can be registered at www.swimmingpoolregister.nsw.gov.au. Council can register your swimming pool on your behalf for a small fee. You will need to submit a self-assessment checklist about your swimming pool together with your personal and property details.
  • By 29 October 2013, you must register your swimming pools via the online NSW State Government register and indicate whether, to the best of your knowledge, your swimming pool complies with the relevant standards.
  • Penalties apply for home owners who do not register their swimming pool by 29 October 2013. If the inspector refers the matter to court, a maximum fine of $2,200.00 may apply.

DOES YOUR SWIMMING POOL COMPLY? 

  • There are a number of self-assessment checklists for swimming pools to identify the relevant safety standards each pool must comply with.
  • The relevant checklist depends upon the location of your property, the type of pool you have and when your swimming pool was constructed.
  • The checklists are listed below for your assistance.
  • Generally, it is a safety requirement that the swimming pool is separated by a complying child-resistant barrier from the house, adjoining properties and public spaces at all times. There is to be no direct access unless an exemption applies. Warning signs need to be visible regarding supervision and CPR Techniques.

Checklists:

Swimming pools on a property 2 hectares or larger

Waterfront properties

Small-sized property (being 230 square metres or less)

Swimming pools built before 1 September 2008 (checklist 7)

Swimming pools built between 1 September 2008 and 30 April 2013 (checklist 8)

Swimming pools built after 1 May 2013 (checklist 9)

Indoor pools (checklist 10)

Portable/inflatable pools (checklist 11)

Spas (checklist 12)

Home Owners now need to provide a valid swimming pool barrier compliance certificate from Council or a Private Certifier before selling or leasing their property. The local Council will issue this compliance certificate for a fee. An inspection will need to be conducted to determine whether the pool complies with the relevant standards.

SIGNIFICANT DATES

Swimming Pools Register available online from 29 April 2013.

Swimming Pools to be registered by 29 October 2013.

Pool owners require a compliance certificate before sale OR lease of their property from 29 April 2014.

FREQUENTLY ASKED QUESTIONS

  • As the pool safety compliance legislation is relatively ‘new’ you may be unsure how the changes affect you and your pool. You may have further questions and enquiries in respect of your personal situation. To assist you we have attached a list of frequently asked questions about the new legislation which may help you.

If you are still unsure how to register your pool or if you are looking to purchase a property and you are unsure whether the pool complies with the legislation, please contact a member of the team at Anderson Boemi Lawyers on (02) 9653 9466.

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