Swimming Pool Requirements

Selling your property

If you are selling a property with a swimming pool or spa you are required to include one of the following with your contract for sale:

• A current certificate of compliance
• A current certificate of non-compliance
• A relevant occupation certificate issued within the last three years

Leasing your property

Prior to leasing a property with a swimming pool or spa the landlord or real estate agent must provide one of the following:

• A current certificate of compliance
• A relevant occupation certificate issued within the last three years

The pool must be inspected every three years to certify compliance over the duration of the lease.

Buying a property

When purchasing a property with a swimming pool or spa ensure you are provided with one of the following by the vendor:

• A current certificate of compliance
• A current certificate of non-compliance
• A relevant occupation certificate issued within the last three years

If a certificate of non-compliance has been issued, you accept responsibility to complete required works and obtain a valid certificate of compliance within 90 days of obtaining ownership.

How do I obtain a certificate of compliance?

1. Applications can be made to City of Newcastle by completing a Request for Swimming Pool Compliance form and paying the relevant fees.
2. Engage an accredited certifier to inspect the swimming pool and issue a certificate of compliance under the Swimming Pools Act 1992.  For details on engaging a certifier, please refer to the NSW Swimming Pool Register website, and the NSW Fair Trading - Finding and appointing a certifier.

Prior to making an application you are strongly encouraged to use the Swimming Pool Register checklists to undertake your own self-assessment on whether or not your pool barrier meets required standards of performance.

The requirements for child-resistant pool barrier fencing vary depending on when the pool was built and where the pool is located.

Please visit the NSW Fair Trading - Pool Fencing Requirements for further information.

All pools require a cardiopulmonary resuscutation (CPR) sign to be displayed in a prominent position in the immediate vicinity of the pool.

The CPR sign must be legible from a distance of at least three metres and maintained in good condition.

All Resuscitation Charts must comply with the Swimming Pools Regulations 2018 and can be purchased from most pool supply shops.

Spa pools are also covered by the legislation and should be separated by a child-resistant pool safety barrier in accordance with Australian Standard AS1926.1-2012.

Alternatively, the spa pool must be covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh).

Pools that are able to be filled to a depth of 300mm or more must be surrounded by a safety barrier separating the swimming pool from any residential building or place adjoining the premises.

• Check there are adequate child-resistant pool barrier fences in place separating the pool from the residence, adjoining properties and the neighbourhood
• Are these barriers compliant with current legislation?
• Ensure all of the pool safety barriers are maintained and operating eg check gates are self-closing and self-latching
• Supervise children when using the swimming pool
• Make sure pool gates are kept closed at all times
• Keep articles, objects and structures at least 900mm clear of the pool fence at all times, eg chairs, pot plants.

• The Mandatory Swimming Pool Inspection Program applies to swimming pools situatied on a premise where there is tourist or visitor accommodation, or more than two dwellings.
• In line with City of Newcastle's adopted Mandatory Swimming Pool Inspection Program, an inspection is required to be carried our every three years.
• An inspection can be performed by a private certifier or by City of Newcastle. Read more about how to obtain a certificate of compliance.

Public swimming pools and spa pools have additional requirements under the Public Health Regulation 2022 in relation to water quality. For further information, please visit our Public Swimming Pools and Spa Pools webpage.

The relevant legislative documents for pool safety are:

• Swimming Pools Act 1992
• Swimming Pools Regulations 2018
• Australian Standard AS1926.1-2012 (available in hard copy or on-line at local libraries - City of Newcastle subscribes to Australian Standards on-line)
• The Building Code of Australia (available for free on-line via Australian Building Codes Board, available in hard copy or on-line at local libraries,  or engage a consultant)

• NSW Swimming Pool Register
• NSW Fair Trading - pools and pool safety
• Request for a Swimming Pool compliance Certificate
• Royal Life Saving Australia - Keep watch
• Kids Health 
• The NSW Study of Drowning and Near Drowning in Children (0-16)
• Royal Life Saving Australia - Drowning reports