Swimming Pools

If you own a pool or spa and it is not registered Click Here and register it as soon as possible or contact the Council for assistance.

Swimming pool owners are required to register their swimming pool in the NSW Government's Swimming Pool Register.
You may receive a fine if your swimming pool is not registered.

It is a legal requirement to fence all bodies of water over 300 mm in depth that are primarily used for human aquatic activity (this includes paddling pools and wading pools etc). Ensuring your pool fence is compliant can prevent a tradgedy.

Pool owners should ensure that their fencing meets the required measurements below.
This is to stop a young child being able to squeeze under or between gaps in a fence, or being able to climb over it.

Minimum fence requirements;

• Internal swimming pool fencing height must be at least 1.2m high around the perimeter, measured on the outside of the building.

• The boundary fence as part of the pool fence must be 1.8m high, measured from inside the swimming pool enclosure.

• There must be a minimum of 900mm separation between the upper and lower horizontal components of the fence to maintain a non-climbable zone.

• The gap between the bottom of the fence and the finished ground level must not exceed 100mm.

• The gap between each barrier component must not exceed 100mm.

• The non-climbable zone must extend 300mm from the barrier into the swimming pool area and 900mm outside the swimming pool area.

• Perforated or mesh barriers must have holes no greater than 13mm for fence heights of 1.2m

• Perforated or mesh barriers of 1.8m in height with holes greater than 13mm must not exceed 100mm.

• All swimming pool fencing must be in good condition with no broken or loose palings.

• There must be no objects, such as barbecues, furniture, planter boxes, trees, or shrubs, within 900mm of the fence, which could allow a child to climb over the fence.

• Gates to the swimming pool area must open outwards and must be fully self-closing and self-latching from any open position, including from resting against the latch itself.

• An appropriate resuscitation sign must be displayed in the immediate vicinity of the swimming pool area.
  Click Here for a copy of the Royal Life Saving - A Guide to CPR.

NOTE: This is not a complete list of requirements. Please refer to the Australian Standard for detailed legislation and requirements. There are provisions for older swimming pools to comply with older versions of the Standards.

Inflatable, demountable and portable pools

Drowning is a leading cause of preventable death in children under five years of age. While fun for small children, serious hazards are associated with inflatable and portable pools.

Legislation requires all swimming pools, including inflatable or portable pools, to have a child-resistant barrier to prevent drownings.

For more information, visit NSW Fair Trading's Portable Swimming Pools page.

Large inflatable pool (more than 300mm high)

You need approval to install an inflatable or portable pool that can be filled with a capacity greater than 2000 litres.

You must, by law, have a child-resistant barrier constructed to Australian Standards around any pool that is capable of being filled with water to greater than 300mm deep.

Small inflatable pool (less than 300mm high)

If you cannot provide a fence around an inflatable or portable pool that is capable of being filled with water greater than 300mm deep, your only option is to purchase a smaller inflatable pool that is less than 300mm high, which you can put away after each use.

Spa pools

A spa pool (also known as a hot tub or Jacuzzi) is subject to the same requirements as an indoor or outdoor pool. The spa must be surrounded by either:

• A child-resistant barrier (swimming pool fence) complying with Australian Standard AS1926.1

• An exemption exists under the legislation that allows spa pool not to be surrounded by a child-resistant barrier (swimming pool fence) if the spa pool has a lockable child-safe structure, such as a door, lid, grille or mesh that is:

• of substantial construction and has no opening through which a testing apparatus* could be passed, and

• fastened to the spa pool by a device that is itself of substantial construction and having no opening through which a testing apparatus* could be passed

The lid must be capable of being operated, removed, reinstalled and locked by a single person. The exemption for a lockable lid does not apply to swim spas or spa pools that are manufactured for the purpose of swimming.

*A testing apparatus is defined within Australian Standard AS1926.1.

Indoor Pools

Owners must ensure that access to an indoor pool area is restricted in accordance with the legislation. The standard for restriction, for example, child-resistant windows and doors, is set out in Australian Standard AS1926.1.

• Indoor pool access door - A side-hung door forming part of a barrier for an indoor pool must open outwards from the indoor pool area and the latching device must be located at least 1500mm from floor level.

• Glass viewing door insert - It is recommended that a glass viewing insert be provided within the door of an indoor pool area to enable viewing into the pool area and for safety when the door is being opened.

Australian Standard/s

The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.

The requirements for child-resistant barriers vary depending on when the pool was built and where the pool is located.

There are 3 different Pool Safety Standards that apply in NSW, depending on when the pool was constructed:

• AS 1926-1986, fences and gates for private swimming pools which applies to pools constructed before 30 August 2008

• AS 1926.1 - 2007, swimming pool safety, Part 1 safety barriers for swimming pools which applies to pools constructed between 1 September 2008 to 30 April 2013

• AS1926.1 - 2012, swimming pool safety, Part 1 safety barriers for swimming pools constructed after 1 May 2013

General Summary

Pools built before 1 August 1990
Access to the pool from the house must be restricted at all times. Windows and doors may form part of the barrier, but they must be compliant.

This exemption ceases to apply in respect of a swimming pool if a barrier is erected on the premises (between the swimming pool and a residential building) as a barrier to direct access to the swimming pool from any residential building situated on the premises.

Pools built after 1 August 1990 but before 1 July 2010
The pool must be surrounded by a fence that separates the pool from the house. Some exemptions apply if the pool is part of a very small property (less than 230 square meters) a large property (2 hectares or over) a waterfront property.

Pools built from 1 July 2010
All new pools must be surrounded by a fence that separates the pool from the house.

Note: If the swimming pool barrier is modified or altered, then the current Swimming Pools Act 1992, Swimming Pools Regulation 2018, and Australian Standard AS1926.1-2012 are applied and previous exemptions cease.

Laws for buying, selling, or leasing a property with a swimming pool in NSW

Properties to be sold with a pool must have:

• A certificate of registration AND

• A certificate of compliance; or

• A relevant occupation certificate; or

• A certificate of non-compliance.

Properties to be leased with a pool must have:

• A certificate of registration AND

• A certificate of compliance; or

• A relevant occupation certificate

What is exempt?

These laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming pools) Regulation 2016.

Additional information on Legislation, Regulations, and Australian Standards can be accessed on the Information page of the NSW Swimming Pool Register website.

Pool inspection self-assessment checklists can be accessed on the Checklists page of the Swimming Pool Register website.

Register your pool on the Swimming Pool Register website.