All properties being put on the market in NSW with a swimming pool or spa must be registered and have one of the following:

  • valid certificate of compliance OR  
  • valid certificate of non-compliance OR
  • relevant occupation certificate issued within the last three years.

If you fail to attach one of these documents to the sales contract, the purchaser may be entitled to rescind the sales contract within 14 days of exchange, unless settlement has already occurred. To check if the property with a swimming/spa pool has a valid certificate of compliance, visit the NSW Swimming Pool Register website.

The pool must be registered before the property is able to be advertised.


What is classified as a pool?

A pool is an excavation, structure or vessel

  • That is capable of being filled with water to a depth of greater than 300 milliliters
  • Solely or principally used, or that is designed, manufactured or adapted to be solely or principally used for the purpose of swimming, wading, paddling or any other human aquatic activity.

This definition will include a spas and even portable pools however there are exceptions to requirements for a fence in some circumstances.


I want to sell my property with a Pool what do I need to do

  • Ensure that the pool is registered, this can be done here
  • Obtain a compliance certificate by either:
  • Apply to the local council where the pool is located OR
  • Engage a private certifier and have them inspect your pool


Self Checklist

The NSW Government has prepared a number of checklists to assist to prepare your property your pool.


Useful links

Registering your Pool

Pool Fencing

Swimming Pools (Fair Trading)

Need legal advice? Catron Simmons can help.