Within strata or community arrangements, ownership of any swimming pool or spa pool residing on communal property is shared jointly by all lot owners. The responsibility for ensuring compliance with the Swimming Pools Act of 1992 for such pools falls on the owner's corporation or body corporate.
The law mentioned above is relevant to any excavation, structure, or vessel, including swimming pools and spa pools, that possess the following attributes:
Capable of retaining water to a depth exceeding 30cm
Designed, constructed, adapted, or intended for swimming, wading, paddling, or other aquatic engagements.
Enrollment Process Owners of pools must proceed with online registration through the NSW Swimming Pool Register. If preferred, a fee can be remitted to the local council to complete this process on behalf of the owner.
Subsequently, a certificate of registration will be conferred upon the pool owner. To confirm registration, visiting the NSW Swimming Pool Register website is advisable.
https://www.swimmingpoolregister.nsw.gov.au
Fencing Regulations Inhabitants of properties with swimming pools are obligated to adhere to the following guidelines at all times:
Install child-resistant safety barriers encompassing pools to separate them from adjacent residential structures and property boundaries.
Ensure doors and gates granting access to the pool area remain secured.
Construct and maintain pool-surrounding fences in compliance with the applicable Australian Standards.
For additional insights, refer to the pool safety checklists on the NSW Government's Swimming Pool Register.
Note that even portable or inflatable pools with a 30cm (300mm) or more fillable depth must be encircled by a safety barrier meeting the stipulated requirements.
Cardiopulmonary Resuscitation (CPR) Signage In case of emergencies, it is a legal obligation to display a CPR sign near your pool area. Such signs can be procured from local pool shops, councils, or community organizations such as St. John Ambulance, the Australian Red Cross, or Royal Life Saving.
The sign should be well-maintained and legible from a distance of 3 meters. New CPR signs were implemented from September 1, 2019, for all new pools, while existing pool owners need not update their signage unless significant alterations or reconstruction of the pool barrier occur.
Signage for Pools Undergoing Construction or Renovation During the construction phase of a pool, a sign stating "This swimming pool isn't to be occupied or used" must be visibly displayed at all times. This sign remains in place until either a certificate of compliance or an occupation certificate is granted, at which point it can be removed.
Certification Requirements Property Sale Involving a Swimming Pool or Spa Pool When selling a property featuring a swimming pool or spa pool, the contract of sale must include a registration certificate from the Swimming Pool Register, along with one of the following:
A valid swimming pool certificate of compliance
A relevant occupation certificate issued within the past three years
A certificate of non-compliance
Failure to include the necessary documentation could lead to the purchaser having the option to rescind the contract within 14 days of the exchange unless a settlement has already transpired. If a certificate of non-compliance is appended to the contract, the purchaser is responsible for obtaining a certificate of compliance. They are granted 90 days following settlement to rectify the defects enumerated in the certificate of non-compliance and obtain the requisite certificate. It is worth noting that these requisites do not apply to properties within a strata or community scheme with more than two lots or to contracts involving off-the-plan properties.