Private Swimming Pools

There are several regulations and policies that pool owners must consider and complete to ensure the safe, compliant installation and maintenance of a swimming pool. Owners of swimming pools in the Cabonne Shire are required to adhere to theSwimming Pools Act 1992 and Swimming Pools Regulation 2018.

For further information on the installation and maintenance of private pools in our area, please contact Council's Planning Department at (02) 6392 3200 or follow the link to the Service NSW website.

Development Process

Please follow the steps on Lodging an Application 

Swimming pools may be constructed as complying development if the proposal meets the relevant development standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) and 2008 (the State Policy).

To ensure the installation meets the complying development standards contact Council's Planning Department or book a time to speak to a Health and Building Surveyor.

The owner of the property is responsible for barriers being in place surrounding the pool at all times. 

  • Ensure that pool/spa is surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property
  • Doors and gates are to be closed that provide access to the swimming pool/spa
  • Ensure the barrier surrounding the swimming pool/spa is designed to comply with the relevant Australian Standards.

CPR Signage in the case of an emergency the law requires that you have a cardiopulmonary resuscitation (CPR) sign displayed near your pool. You can buy a CPR sign from your local pool shop 

Private Pool Registration

In line with the Public Health Act 2010 and Public Health Regulation 2012, all backyard pools and spas in NSW must be registered on the NSW Swimming Pool Register.

Once Council have completed an inspection of the swimming pool/spa and the barrier meets the relevant requirement a certificate of compliance will be issued, this is valid for three years. Please note the compliance certificate cannot be issued until the pool is registered, see link below to register your pool. 

Private Pool Certification

Cabonne Shire Council is required to implement a program of swimming pool inspections. Following the site inspection, either a certificate of compliance or non-compliance will be issued depending on whether the pool barriers comply with the relevant pool safety requirements.

A pool certificate is valid for three years. However, your pool may be inspected more frequently if Council receives a complaint or there is a reason to suspect the pool no longer complies with pool safety requirements.

Fencing

Any swimming pool that has a depth of 300mm or more, irrespective of swimming pool wall height, must have a swimming pool fence.

As a pool owner, you are responsible for ensuring your pool is enclosed and access to it is restricted to children at all times.

You can view the pool barrier compliance and the Australian Standards checklist here.

Selling or renting a property with a swimming pool/spa

Selling

Owners who are selling a property with a swimming pool or spa must ensure the contract from sale includes a registration certificate from the Swimming Pool Register, and one of the following:

  • A relevant occupation certificate issued within the last 3 years, or
  • a valid swimming pool certificate of compliance, or
  • a certificate of non-compliance.

If one of the above isn't included, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred.

If a certificate of non-compliance is attached to the contract, the purchaser takes on obligation to obtain a certificate of compliance.

They will have 90 days from settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance, unless the certificate of non-compliance states that the swimming pool poses a significant risk to public safety. 

This requirement does not apply to a lot is a strata scheme or a community scheme, if that scheme has more than 2 lots, or if the lot sales contract is for an off-the-plan property.

Renting

When a residential tenancy agreement is entered into for a property with a swimming pool or spa pool, the landlord or real estate agent must provide the tenant with a copy of the certificate of compliance or occupation certificate.

A certificate of non-compliance cannot be used to rent a property.

This requirement does not apply to a lot in a strata scheme or community scheme, if that scheme has more than two lots.

If you have any concerns about the actions of a real estate agent, Contact Fair Trading.

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