The NSW Government is committed to creating an effective pool barrier framework that protects the safety of children under the age of five around backyard swimming pools.
From 29 April 2016, properties sold with a pool must have one of: "a relevant occupation certificate", a "certificate of compliance", or a "certificate of non-compliance", issued from the NSW Swimming Pool Register
This means that from 29 April 2016:
- Vendors are now able to transfer the obligation of obtaining a
"certificate of compliance" to the purchaser. A "certificate of
non-compliance" can now be attached to the contract for sale
- The buyer of a property with a non-compliant swimming pool has 90 days
from the date of settlement to address any issues of pool barrier
- Properties with more than two (2) dwellings are exempt from the
requirements to provide a compliant pool barrier on sale or lease, as
they are already regulated through mandatory three (3)-yearly
- A property with two (2) or fewer dwellings and a pool must have a
"certificate of compliance" or "relevant occupation certificate"and
"certificate of registration" before entering into a lease. These
documents are to be provided to the tenant on entering a new lease
A relevant occupation certificate means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool. Allowing the transfer of obligation for swimming pool barrier compliance provides greater flexibility to the sales process, while ensuring that incidents of non-compliance are addressed. However, this flexibility does not extend to the leasing of properties. Landlords are to ensure that the tenant is provided a copy of a valid "certificate of compliance" at the time the lease is entered into because landlords have a responsibility to provide a safe environment for their tenants.
Comprehensive information and links to fact sheets are available from the Information Section of the NSW Government's Swimming Pool Register website.
Applying for Swimming Pool Barrier Compliance
If the inspection reveals the swimming pool barrier is compliant, Council will issue a "Certificate of Compliance" and issue a refund of $100 to the applicant.
- If the inspection reveals the swimming pool barrier is non-compliant,
Council will issue a "certificate of non-compliance" and a Notice of
Proposed Direction under the Swimming Pools Act 1992
- When the required works have been completed, a Forbes Shire Council Swimming Pool Barrier Compliance Certificate REINSPECTION Application form will be required to be submitted to Council.
- Council will phone to arrange a re-inspection of the subject premises
- Should the re-inspection reveal the works are compliant, Council will issue a "compliance certificate"
- Should the re-inspection reveal that the works are non-complaint,
Council will issue a Direction under the Swimming Pools Act 1992
- When the required works have been completed, a Forbes Shire Council Swimming Pool Barrier Compliance Certificate REINSPECTION Application form will be required to be submitted to Council. No administration fees apply to a third inspection
Swimming Pool Barrier Compliance Certificate INSPECTION Application Form
Swimming Pool Barrier Compliance Certificate REINSPECTION Application Form