Pool barriers can be inspected by a local council or a private certifier accredited in category A1, A2, A3 or E1 who is listed on the Swimming Pool Register (but see update below).
To sell a property with a swimming pool or spa pool, the owner must have a certificate of compliance, a certificate of non-compliance or an occupation certificate for the pool. To lease a property with a pool, the owner must have a certificate of compliance or an occupation certificate for the pool.
Update September 2018: Category A1 and A2 certifiers (in the private sector or employed by your council) are the only certifiers who may certify pool barriers that have a 'performance solution' under the Building Code of Australia (BCA). Visit the Fair Trading website for more on recent changes to pool certification and BCA compliance.
Obtain a certificate of compliance for your swimming pool or spa
Your pool will only be able to be certified if you have first registered it on the NSW Swimming Pool Register.
Book a pool inspection by asking your local council or a private certifier in category A1, A2, A3 or E1, accredited by the Building Professionals Board.
What to expect from your certifier
- Your certifier will ask you to sign a contract for the work he/she is carrying out.
- Your certifier will inspect your swimming pool or spa pool barrier. If it is compliant, you will be issued with a certificate of compliance.
- If the barrier is not compliant, your certifier will issue a notice and certificate of non-compliance. You will have six weeks to rectify the non-compliance before your certifier is obliged to notify the local council.
Some swimming pool certifiers can also carry out minor repairs to make a swimming pool comply with the Swimming Pools Act 1992. To carry out minor repairs, they must be authorised under the Home Building Act to carry out swimming pool building or structural landscaping. Where minor works costing up to $1,000 are required to make the pool compliant, the owner is under no obligation to engage the certifier who inspected their pool. The owner is free to engage others to do the work or do the work themselves.
Your certifier will charge a fee for each inspection needed to achieve compliance. It is important to note that over 95% of swimming pools require at least three inspections.
Problems with your certifier or council
You should discuss your concerns with the certifier or council in the first instance.
Only lodge a complaint when all other options to resolve your concerns have been exhausted. If a certifier or council refuses to issue a certificate of compliance because the pool barrier is non-compliant, this is not a valid complaint.
If you have a problem with your council, the Office of Local Government provides information about complaints against local councils. The Building Professionals Board has no enforcement powers against councils.