Key facts
- Pools and spa pools deeper than 300 mm can fall within the Act.
- The owner must ensure the pool is registered.
- A registered certifier or local authority may inspect the pool.
- A compliance certificate is generally valid for three years.
- The applicable technical standard can depend on the pool and property history.
What counts as a swimming pool?
The Swimming Pools Act defines a swimming pool as an excavation, structure or vessel capable of being filled to a depth greater than 300 millimetres and used or designed mainly for swimming, wading, paddling or another human aquatic activity. It includes a spa pool, but not a spa bath or something inside a bathroom.
That means a small plunge pool, swim spa or portable pool may still be covered. The name on the product matters less than what it can hold and how it is used.
Does the pool have to be registered?
Yes. The premises owner must ensure the prescribed pool details are entered on the NSW Swimming Pool Register. Registration is also one of the requirements before a certificate of compliance can be issued.
Registration records the pool. It does not prove that the pool complies. That requires an inspection.
Who can inspect and certify the pool?
An owner may ask the local authority or a registered certifier to inspect. Craig is registered under the Building and Development Certifiers Act 2018 in the Swimming Pool Inspector class.
If the pool is registered and meets the applicable requirements, the inspecting authority or certifier issues a certificate of compliance. The issuer must ensure the certificate details are entered on the Register.
Which pool safety standard applies?
There is no reliable one-line answer for every NSW pool. The current Regulation refers to the Building Code of Australia for general outdoor and indoor requirements, preserves earlier complying standards in some cases, and provides specific pathways for older pools and properties.
The date the pool was built, the property type, past approvals and substantial alterations can change the assessment path. This is why an inspection should begin with the pool history, not a generic internet checklist.
How long does the certificate last?
A certificate of compliance is generally valid for three years from issue. It can cease earlier if a direction under section 23 of the Act is issued for the pool.
Keep the certificate with the property records and check its date before a sale or new tenancy. A relevant occupation certificate may also be used in specific sale or tenancy circumstances if it is less than three years old and authorises use of the pool.
Common questions
Is pool registration the same as certification?
No. Registration records the pool. Certification follows an inspection and confirms that the statutory requirements for a compliance certificate were met at that time.
Can I use a private certifier instead of council?
Yes. The owner may request an inspection from the local authority or a registered certifier acting within their registration.