Swimming Pool Safety

Selling or leasing property with a pool

From 29 April 2016 under the Conveyancing (Sale of Land) Regulation 2010 if the contract of sale relates to land on which there is a swimming pool, a copy of either of the following documents (less than 3 years old) is required to be included in the contract in respect of pool barriers:

Owner’s responsibilities

It is the owner’s responsibility to ensure that the requirements of the Swimming Pools Act have been complied with in respect of the swimming pool on the residential premises.
From 29 April 2016 swimming pool owners will be required to include a current pool certificate of compliance in the leasing agreement before being able to lease a property with a pool.

Occupier's responsibilities

If you live in a property with a pool you must ensure all doors and gates are kept securely closed. If pool fences require repair, it should be reported without delay to the owner/agent. The Act also requires the occupier to display a warning notice in the immediate vicinity of the swimming pool, detailing resuscitation techniques together with a supervision warning.

Register your pool

It is compulsory for all pools to be registered. Registering your pool is free.

You can self-register your pool online at the NSW Pool Register. You can also access the site's self assessment
checklists to assist with safety questions at the time of registration.

A pool certificate of compliance cannot be issued to an unregistered pool.

A fine can be issued if you do not registration your pool.

Swimming pools and spas (including portable/inflatable pools)

What is a swimming pool

Swimming pool means an excavation, structure or vessel:

  • that is capable of being filled with water to a depth greater than 300 millimetres, and
  • that is solely or principally used, or that is designed, manufactured or adapted to be solely orprincipally used, for the purpose of swimming, wading, paddling or any other human aquatic activity and includes:
    • Concrete and fibreglass swimming pools.
    • Inflatable swimming pools.
    • Temporary or wading pools.
    • Above ground pools and spas.
    • and includes a spa pool, but does not include a spa bath. Anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purpose of the Swimming Pools Act.

All pools and spa pools that hold 30cm or more of water must be registered and properly fenced. It is important to ensure that home pools, including portable and inflatable pools that are capable of holding 30cm of water or more, are properly fenced with a self-closing and self-latching gate.

Pools, including portable pools that hold 2000 litres or more of water, also need development consent from Council. If this consent is not received, then this can result in a fine.

It could also cost a child’s life

Council pool inspection program

Under the Swimming Pool Act Council is required to have a local pool inspection program. We have developed a program and are currently implementing it. Due to high volume of pools in the Liverpool Council area, inspections will take place in a staged approach.

We initiate inspections and owners will be required to pay an inspection fee. Once the pool is found to be compliant we will issue a pool certificate of compliance (included in inspection fee costs).

Keep Watch - Prevent your child from drowning

The warm summer months are here and backyard swimming pool and spa owners are having a great time relaxing with family and friends.  Unfortunately backyard swimming pools and spas are locations with a high risk of drowning, particularly for children under five years of age with a number of back yard swimming pool related incidences dominating the media these Summer holidays.
The Life Stage Flyers below provide information and actions to aid in preventing child drownings of children aged 0 to 5 years.

Swimming pool 1 Swimming pool 2Swimming pool 3

Pool fences

Hard copies of the Australian Standard AS1926-1986, AS1926.1-2007 and AS1926.1-2012 are available for viewing at Council’s Customer Service Centre. Please note due to copyright restrictions, copies of the documents are unable to be made.

Owner's responsibility

The Swimming Pools Act 1992 requires the owner of premises on which a swimming pool is located to ensure that the pool is at all times surrounded by an approved child resistant barrier.

Occupier's responsibility

It is the responsibility of the occupier to maintain the barrier in a state of good repair, and to ensure that all gates or doors providing access to the swimming pool are kept securely closed and latched at all times when not in actual use.

Safety signs

All types of pools, including spas and inflatables, are required to display a warning/resuscitation sign, as outlined in the Swimming Pools Act 1992.
It is recommended that the resuscitation sign be displayed at the shallow end of the pool (where applicable), near an open area, as this is most likely where resuscitation would be carried out.  These can be purchased from Council for $21.50.

Swimming pool safety tips

  • Always keep your fence, gates, doors and windows locked secured and in good condition. Regularly check them
  • Always keep your gate and door latches and self-closing mechanisms in good working order
  • Always close your gates and doors when not in actual use. Never prop gates open
  • Never leave climbable objects near the fence
  • Always keep trees, shrubs and creepers trimmed well away from the fence
  • Always leave your filter covered so small children can't get into it and keep chemicals out of view and reach
  • Always supervise children around the pool at all times. A fence is no substitute for responsible supervision
  • Teach your children to swim from an early age
  • Undertake resuscitation (CPR) training for emergency situations.

Teaching your child to swim could save a life!

Give your child the water confidence they need – enrol them in one of Council's learn to swim programs today bypool teach contacting one of our Leisure and Aquatic Centres


Resuscitation – a skill for life

Gain the knowledge and skills to administer first aid until professional medical help arrives – it may save a life.

Royal Life Saving Society and St John Ambulance, along with other authorised training providers, offer a range of first aid and resuscitation courses to help you be prepared in the event of an emergency.

Royal Life Saving Society – visit royallifesaving.com.au/training or call 9634 3700
St John Ambulance – visit stjohn.org.au or call 1300 360 455

Pool Certificate of Compliance

Council issues pool certificates of compliance. You can request us to inspect your pool and if it is compliant, a certificate will be issued. The certificate is valid for 3 years unless safety concerns arise.

Why get one?

  • For peace of mind and to ensure you are safety compliant.
  • Because from 29 April 2016 they will be required by law to be attached to contracts of sale and tenancy agreements.
  • Your pool will eventually be inspected under council’s inspection program

Occupation Certificate

You do not need to obtain a Certificate of Compliance if you have an Occupation Certificate for the swimming pool that is less than three years old.

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