Your obligations as a pool owner

The following information is provided by the Department of Fair trading and shown here as a guide only.

As a pool owner, you have the following obligations: 

• Visit the NSW Swimming Pool Register at www.swimmingpoolregister.nsw.gov.au to register your pool. 

• Appoint, and enter into a contract with, your chosen certifier. 

• Pay the certifier’s fees before any certification work is carried out. The certifier may refuse to issue a certificate of compliance until the fee is paid. 

• Ensure your pool barrier continues to comply at all times. If needed, ask your council to see a copy of the Australian Standard that applies to your pool

What does a registered certifier – swimming pool inspector do? 

A registered swimming pool inspector is authorised to carry out all certification work under the Swimming Pools Act 1992, but not if the swimming pool achieves compliance with the performance requirements of the Building Code of Australia by means of a performance solution. They cannot issue certificates under the Environmental Planning and Assessment Act 1979 for newly-constructed pools. 

Registered building surveyors (a different type of certifier) also certify pool barriers. Only a building surveyor may certify a pool that has a performance solution under the Building Code of Australia. 

A swimming pool inspector may issue a certificate of compliance if the pool barrier complies with requirements under the Swimming Pools Act. A certificate of compliance is valid for three years and may be required in order to sell or lease the property. 

If the swimming pool is non-compliant, the certifier may issue a certificate of non-compliance and a notice of non-compliance setting out the defects. 

Notes about swimming pool certificates of compliance 

• A certificate of compliance is not an occupation certificate and does not certify that the pool meets all conditions of its original development consent 

• A certificate of compliance becomes invalid if the council issues a direction requiring compliance with the Swimming Pools Act

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