Under the Swimming Pools Act 1992 (NSW), the owner of a swimming pool and/or spa has the responsibility to ensure that the pool and/or spa is at all times surrounded by a complying child-resistant pool safety barrier. Pool and spa safety barriers must be maintained in a good state of repair as an effective and safe barrier restricting access to the pool.
In 2012, a comprehensive review of the Swimming Pools Act 1992 was finalised. This review identified a number of amendments designed to enhance the safety of children under the age of five year around private ('background') swimming pools in NSW. As a result of these legislative changes, swimming pool owners and Council have certain responsibilities. These responsibilities are indicated below in more detail.
Swimming Pool Owners Responsibility
All swimming pool owners must register their swimming pool and/or spa on the NSW State-wide register. Registrations can be completed online or in person. To complete your registration online, please click here to be transferred to the NSW State Government Register. To complete your registration in person, please visit Council’s Customer Service Centre located at 1 Belgrave Street, Manly during normal business hours and a Council Officer will assist with the registration.
Self Assessment of Swimming Pool Barrier Fencing
Swimming pool owners are encouraged to undertake a self assessment of their swimming pool barrier fencing to ensure compliance with the relevant legislation.
Please click here to view the relevant self-assessment checklists.
Selling or Leasing a Property with a Swimming Pool or Spa
From 29 April 2016, a swimming pool owner must obtain a swimming pool compliance certificate before they can sell or lease their property. The swimming compliance certificate certifies that the swimming pool barrier fencing complies with the relevant standard. The swimming pool compliance certificate is valid for a period of 3 years.
A swimming pool compliance certificate can be obtained from Council by completing the application form below. Please note there is an application fee of $150 applicable at the time of lodgement of the form.
Once Council has received your application, a Council Officer will contact you to arrange a suitable time to undertake an inspection of your swimming pool barrier fencing.
As a result of the recent changes to the Swimming Pools (Amendment) Act 2012 Council is required to implement a Swimming Pool Inspection Program in consultation with the community. Council will also be undertaking inspections of residential swimming pools to ensure compliance with the relevant standards to prevent unnecessary drowning. To view Council’s Swimming Pool Inspection Program please select the link below.
Swimming Pool Inspection Program - November 2013 - NBC - Updated September 2016 (268.71 KB)
To apply to Council for either a Swimming Pool Compliance Certificate or a Swimming Pool Exemption Certificate in accordance with the requirements of the Swimming Pools Act 1992, please select one of the forms below.
Please note that a Swimming Pool Compliance Certificate cannot be issued unless your pool has been registered on the NSW State Government register. Please ensure your pool/spa is registered at www.swimmingpoolregister.nsw.gov.au before you lodge an application with Council.
Swimming Pool Compliance Certificate Application - NBC - July 2016 (365.79 KB)
Swimming Pool Exemption Application Form - NBC - July 2016 (369.68 KB)