A Pool Certificate of Compliance is an official document issued by a local council or an accredited certifier under the Swimming Pools Act 1992 (NSW). It confirms that the pool and its safety barriers meet legal safety standards.
This applies to:
-
In-ground and above-ground swimming pools
-
Spa pools
-
Portable pools capable of holding more than 30cm of water
🏡 What Landlords Must Know
✅ Legal Requirement for Leasing
If you’re renting out a residential property in NSW with a swimming pool or spa, you must provide a valid Pool Certificate of Compliance (or a valid Occupation Certificate issued within the last 3 years for new pools).
This certificate:
Must be attached to the Residential Tenancy Agreement
-
Is mandatory before a new lease is signed
-
⚠️ No certificate = No legal lease. Leasing a property with a non-compliant pool is an offence and may result in fines.
🔁 How Often Does It Need to Be Updated?
A Certificate of Compliance is valid for 3 years
-
If significant changes are made to the pool or barriers (e.g. renovation, damage), a new inspection may be required
-
If your property changes hands (e.g. sale), a new certificate may be needed
💰 Who Pays for It?
The landlord is responsible for:
Booking the inspection
-
Making any necessary upgrades to fencing or gates
-
Paying council or certifier fees (typically $150–$300 for inspection, plus rectification costs if non-compliant)
🔍 What Inspectors Look For
A certified pool inspector will check for:
-
Correct pool fence height and gaps (usually 1.2m+ high)
-
Gate latches that self-close and self-latch properly
-
No climbable objects near the fence (e.g., trees, furniture)
-
Signage for CPR displayed appropriately
-
Safe access to the pool area
Leasing a property with a non-compliant pool is an offence and may result in fines.
💼 Impact on Landlords
🧾 Documentation Burden
You’ll need to keep accurate records and ensure your pool remains compliant throughout the tenancy. Councils can inspect and fine landlords for non-compliance at any time.
🧍♂️ Tenant Safety & Liability
A non-compliant pool poses a legal liability risk in the event of an injury or drowning. Having a valid certificate not only ensures safety but protects landlords from litigation.
🏘️ Rental Appeal
While pools add appeal and rental value, families with children are especially cautious about pool safety. Compliance helps reduce risk concerns and boosts trust.
✅ In Summary: Landlord Checklist
-
Is your property leased with a pool/spa?
-
Have you obtained a valid Certificate of Compliance (within 3 years)?
-
Is it attached to the Tenancy Agreement?
-
Are all pool safety measures in place?
If the answer is no—book an inspection now through your local council or a private certifier.
