NSW Pool Fencing Regulations
New South Wales Pool Regulations Now in Affect:
Spending time with family and friends in backyard swimming pools and spas is one of our favourite past times, however without the appropriate guidance and safety precautions in place, and failing to maintain your pool fence or gate, this can soon become a nightmare no family can ever forget. Drowning is the leading cause of preventable death in children under 5 years of age. This has led to the New South Wales government to impose strict changes to the Swimming Pools Act 1992 to ensure pool owners maintain the safety of their pool area and register their pool or spa on the NSW Swimming Pool Register.
New South Wales Swimming Pool and Spa Registration and Certificate Requirements
New South Wales Government make amendments to the Swimming Pools Act 1992 in 2012 to improve the safety of children around pools and spas in NSW. Pool and spa owners are now required to register their swimming pool or spa on the government register. From the 29th April, 2016 if you are selling or leasing a residential property that has a backyard pool or spa you will now need to include a compliance certificate in any contract of sale or lease. Local councils and accredited pool safety inspection certifiers provide pool fence inspections and compliancy certificates. A list of accredited certifiers is found on the Building Professionals Board website.
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Who is Required to get a Pool Safety Certificate for their Pool or Spa:
Any homeowner in New South Wales which a pool or spa in their backyard is required to get a pool safety certificate when selling or leasing their property. Strata Managed or Community Scheme properties which swimming pools and spas also need a safety certificate however it is the body corporate who is responsible for ensuring the pool is compliant.
The Swimming Pool Safety Act amendment states all pools, spa pools, structure or vessel which is capable of being filled with water to a depth greater than 30cm and used, designed, manufactured or adapted for swimming, paddling, wading or any other aquatic activity must adhere to the swimming pool regulations.
Renting
From the 29th April, 2016 if you are renting or leasing a residential property that has a backyard pool or spa you will now need to include a compliance certificate in lease contract. A pool compliance certificate means that the pool fencing is compliant as per the NSW pool fencing regulations.Investment Property Owners
Landlords or real estate agents must provide the tenant with a copy of the valid certificate of compliance or occupation certificate. This requirement does not apply to a lot in a strata scheme or in a community scheme if that strata or community scheme has more than two lots.
Selling
Selling Property in New South Wales with a Swimming Pool or Spa New South Wales homeowners who are selling their property with a backyard pool or spa after 29th April 2016 must ensure the contact includes either a valid swimming pool certificate of compliance, an occupation certificate issued within the previous 3 years with evidence that the pool is registered or a certificate of non-compliance.Selling a Property with a Pool
Not attaching the certificates when required may allow the purchaser to withdraw the contract within 14 days of exchange, unless settlement has already occurred. If a certificate of non-compliance is attached to the contract for sale, the vendor is transferring the obligation to obtain a certificate of compliance to the purchaser. The purchaser will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
Buying
If you are purchasing a property with a swimming pool or spa in New South Wales, a pool compliance certificate is required. Arranging a pool inspection along side a pest and building inspection is the best way to fully understand what changes need to be made to make the pool fence compliant.Buying a Property with a Swimming Pool or Spa
If a pool compliance certificate have not been provided in a contact sale, it will become the new owners responsibility to gain a pool fence compliance certificate within 90 days of the properties settlement date. There are often a number of changes that may need to occur to the pool fence in order to gain compliant. This may include new fencing or changes to boundary fencing which may end up being extremely costly.
Pool Certification & Compliance Sydney
Sydney Pool Inspections is a dedicated swimming pool compliance certificate service. As registered E1 Swimming Pool Certifiers, our inspectors are licensed to issue pool fence compliance certificates on complying pool barriers. We are also highly knowledgable on all aspects of pool fencing and materials including aluminium, timber and glass pool fencing.
A compliance inspection on your swimming pool or spa will generally take between 30 – 60 minutes to complete. As part of a pool compliance inspection, all areas of the pool fence will be inspected including pool gates, fencing panels, boundary fencing or structures used as part of the pool barrier. If the barrier is found to be compliant and meets the NSW pool fencing regulations, a pool compliance certificate can be issued.
Since April 28 2o16 NSW properties with a swimming pool or spa require a pool compliance certificate prior to a property being leased or when it is sold. A Pool Compliance Certificate can only be issued once the entire pool barrier has been inspected and found to be compliant. The certificate is valid of a period of 3 years from its issue date. To view if a pool is registered on a property or has a compliance certificate, view the NSW Government’s Pool Register.
This service involves a pool certifier visiting the property and providing advice and certification issues. The advice inspection is verbal only and does not come with a written report like a general pool fence compliance inspection. This is a great service for a prospective buyer or home owner who is only after advice and not a formal inspection.
Repairs to pool fencing is often needed to make your pool fence compliance. Adjustments to gates that no-longer self-close, replacement of pool fence panels that are damaged/non-compliant or perhaps the installation of a whole new pool barrier. Although we do not complete pool fencing repairs ourselves, we can recommend skilled pool fencing installers with experience is glass, timber and aluminium pool fencing. From minor pool fence repairs to a complete aluminium or glass pool fence – they can do it all!
Why Choose Us
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- Sydney Wide Service
- Licensed Pool Certifiers
- Knowledgeable on all aspects of pool compliance
- Trusted by Strata Managers & Property Management Agencies
- Over 7 years experience in Pool Fencing Compliance Inspections
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What Client’s Say
I recently used Sydney Pool Inspections when rented out my house. They made the whole process easy and i had my certificate the very next day – thanks guys