Swimming pool compliance certificates

The NSW State Government requires all pool and spa owners in NSW to have a valid certificate of compliance.

This legislation applies to all in and above ground, indoor, portable, spa, and other pools capable of being filled with 300mm or more of water. When requested, South Coast Certifiers will visit the property and carry out an inspection looking at all compliance aspects of the pool barrier. Once an inspection is completed, we will produce a compliance certificate or non-compliance certificate and register the Swimming Pool Compliance Certificate to an online database.

A Swimming Pool Compliance Certificate confirms your swimming pool barrier has been inspected by an appropriately qualified Registered Certifier or your local Council and complies with the Swimming Pools Act 1992 and applicable Australian Standard. A certificate of compliance is valid for three years and may be required in order to sell or lease a property.

FAQs

Why do I need a Swimming Pool Compliance or Non-Compliance Certificate?

It is law that a property being sold or rented with a pool or spa must have a Certificate of Compliance or Certificate of Non-Compliance included in the Contract of Sale. Without it, the Contract of Sale cannot be issued to the agent and therefore cannot be sold. A copy of the valid compliance certificate must also be given to the tenant at the time of entering into a residential tenancy agreement.

The NSW Swimming pool register has information on all registered pools and whether a certificate of compliance has been issued. If you are uncertain as to whether your swimming pool already has a certificate of compliance, you can check it on the NSW Swimming Pool Register.

Who can issue a Swimming Pool Compliance Certificate?

Registered Building Certifiers can certify pool barriers. Their role is to inspect pool barriers to determine whether it complies with relevant legislation and standards. If your pool is compliant, the Registered Certifier will issue a compliance certificate.

However, if your swimming pool is not compliant with the legislation, the Registered Certifier will provide a report detailing defective areas of the pool barrier and issue a Certificate of Non-Compliance.

What do I do if my swimming pool barrier doesn't comply?

If your swimming pool barrier is non-compliant, the Registered Certifier may issue a Certificate of Non-Compliance and provide a Notice of Non-Compliance setting out the defects. If a swimming pool barrier is non-compliant, you will need to address the defects set out in the certifier’s notice. The certifier must then be contacted to arrange a reinspection.

If you do not obtain a Certificate of Compliance within six weeks of the first inspection, the certifier must send the Notice of Non-Compliance to the Council. Council may choose to take enforcement action. If the certifier deems the pool to be a significant risk to public safety, they must notify the council immediately. In such instances, the six-week period does not apply.

When the required repair work has been completed, a final inspection will be undertaken. If the barrier is considered compliant, a Certificate of Compliance will be issued.

Please note – A Certificate of Compliance is not the same as an Occupation Certificate and does not certify that the pool meets all conditions of its original development consent.

If you are uncertain as to whether your swimming pool already has a certificate of compliance, you can check it on the NSW Swimming Pool Register. The NSW Swimming pool register has information on all registered pools and whether a certificate of compliance has been issued.

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South Coast Certifiers

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02 4244 3511
info@sccert.com.au
P.O Box 4010 Shellharbour NSW 2529
ABN. 67 642 394 947

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