Pool Fencing

Owners of backyard swimming pools and spas must register their pool and/or spa on the free  NSW Government's Swimming Pool Register.

All pools or spas (in ground, portable or inflatable) with a depth of 300mm or more must be registered. 

The Swimming Pool Act 1992 stipulates that every swimming pool and swim spa (both outdoor and indoor) that are situated, on premises on which a residential building, a moveable dwelling or tourist and visitor accommodation is located requires a compliant child-resistant barrier.

Failure to do so could result in fines or even worse the loss of a life.

The requirements for child-resistant barriers vary depending on when the pool was built and where the pool is located.

The Swimming Pool Act 1992 stipulates that any spa capable of holding water to a depth greater than 300mm must be covered and secured by a lockable child-safe structure such as a door, lid, grill or mesh and a CPR chart must be installed.

A spa that is also used for swimming purposes must be fenced even if it has a lockable covers or lids because it is defined as a swimming pool under the relevant legislation. 

Some small portable swimming pools and spas may be installed without approval if compliant with the development standards listed in the State Environmental Planning Policy (Exempt and Complying Development) Codes 2008.

If the pool or spa is not exempt, the prior approval of Council by way of a Development Consent and Construction Certificate or alternatively a Complying Development Certificate from Council or an Accredited Certifier is required. 

Swimming Pools under construction that have the means to hold water to depth greater than 300mm are required to have:

• A temporary child resistant barrier that complies with the requirements of the Building Code of Australia and the Swimming Pool Act 1992;
• The temporary fence must be secured in a way that it cannot be removed without the use of a tool (screwdriver, spanner, wrench, shovel, cutting implement or the like);
• The temporary fence must include a self-closing operating pool gate that opens away from the pool enclosure;
• A sign in a prominent position in the immediate vicinity of the swimming pool must be displayed stating “This swimming pool is not to be occupied or used until a Relevant Occupation Certificate is issued”. 

Signs are available for purchase from Council.

If you are selling a house with a pool or spa, the contract for the sale of land must have one of the following attached:

• A valid Certificate of Compliance, or
• A Certificate of Non-Compliance, or
• A Relevant Occupation Certificate and a Certificate of Registration.

A Certificate of Compliance is valid for three years and is evidence that the swimming pool met the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018 at the time of inspection.

A Certificate of Non-Compliance is valid for one year and is evidence that the swimming pool did not meet the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018 at the time of inspection.

If the defects to the swimming pool barrier are not deemed a significant risk at the time of inspection the owner of the property may choose to sell their property with a Certificate of Non-Compliance (at the owners request). This means the new owners of the property have 90 days after settlement to ensure the pool barrier is made compliant and contact Council for a re-inspection.

A Relevant Occupation Certificate is valid for three years and is issued under the Environmental Planning and Assessment Act 1979 and authorises the use of the swimming pool.

The owner of a swimming pool, spa or swim spa must obtain a Certificate of Compliance from Council or an Accredited Certifier prior to leasing the property. The Certificate of Compliance certifies that the swimming pool or spa barrier complied with the relevant standard at the time of inspection and is valid for three (3) years.

An Occupation Certificate issued within the past three (3) years may act as a Certificate of Compliance.

A Certificate of Non-Compliance must not be used if the property is being leased and a residential tenancy agreement is proposed to be entered into for the property.

The Swimming Pool Act 1992 stipulates that Council must inspect swimming pools and spas associated with tourist and visitor accommodation, and multi-occupancy developments at a maximum of three-year intervals. These premises include: 

• Backpacker’s accommodation,
• Short term holiday rentals (such as Airbnb),
• Bed and Breakfast accommodation,
• Farm stay accommodation,
• Hotel or Motel accommodation,
• Serviced apartments.

Owners of the above properties with a swimming or spa pool must contact Council or an Accredited Certifier to organise a swimming pool barrier inspection and have a valid Certificate of Compliance at all times.

A Certificate of Compliance can be obtained from Council completing the online form.

Please note that fees in accordance with Councils current adopted fees and charges are payable at the time the application is lodged. Any reinspection/s required due to defects of the swimming pool barrier will require the payment of additional fees prior to the reinspection.

Once Council has received your application, a Council Officer will contact you to arrange a suitable time to inspect your swimming pool, spa or swim spa barrier.

View: Swimming Pool Certificate of Compliance Application

The requirements for child-resistant barriers vary depending on when the pool was built and where the pool is located.

There are three different Australian Standards that apply in NSW:

• AS 1926 - 1986; Fences and gates for private swimming pools; which applies to pools constructed prior to 30 August 2008;
• AS 1926.1 – 2007; Swimming pool safety, Part 1 safety barriers for swimming pools; which applies to pools constructed between 1 September 2008 to 30 April 2013;
• AS 1926.1 – 2012; Swimming pool safety, Part 1 safety barriers for swimming pools; which applies to pools constructed after 1 May 2013.

A copy of the above relevant standard is available for viewing at Council Civic Centre, Elizabeth St, Moss Vale.

Note: If the swimming pool barrier is modified, altered or rebuilt, the work must be completed in accordance with the current Swimming Pools Act 1992, Swimming Pools Regulation 2018 and Australian Standard AS 1926.1-2012 and any previous exemptions cease.

The NSW Swimming Pools Register also contains useful compliance checklists for owners for each of the above standards.

In case of an emergency the Swimming Pools Act 1992 requires a cardiopulmonary resuscitation (CPR) sign displayed near your pool and/or spa.

The sign must be in good condition and able to be read easily from a distance of 3 metres.

From 1 September 2019, new CPR signs came into effect. From this time, all new pools must use the updated signage. Owners of existing pools are not required to update their signage unless the pool is substantially altered or re-built.

Signs are available for purchase from Council

Some small portable swimming pools and spas may be removed without approval if compliant with the development standards listed in the State Environmental Planning Policy (Exempt and Complying Development) Codes 2008.

Generally, if you are proposing to remove or demolish a pool or spa the prior approval of Council or an Accredited Certifier is required if an initial approval to build or install the pool or spa was needed.

A child-resistant barrier is required by the Swimming Pool Act 1992 to separate any residential type building from the swimming pool at all times. A detached or attached garage, laundry, shed, BBQ area, clothes line or any structure not primarily associated to the pool is included under the legislation definition of a residential building and is required to be separated from the swimming pool. Residential buildings, as defined by the legislation, are not to be located inside the swimming pool barrier.

The purpose of separating the swimming pool from residential buildings is: 

• To ensure that the pool enclosure is solely used in relation to the pool use and not for any other purpose. This results in the frequency of entering and leaving the enclosed pool area being restricted to the actual use of the pool and not with other uses.
• To have available areas, outside the pool area, for residential purpose and other outdoor recreation.

What is Allowed?

Wingecarribee Shire Council has taken a position that allows certain structures within the pool area, provided the structure is ancillary to the pool and primarily used in connection with the pool.

The following structures are allowed in the enclosed pool area: 

• A shed ancillary to the swimming pool with the primary purpose of containing pool filter equipment or storing equipment that is used in connection with the swimming pool.
• A free standing pergola or similar open shade structure, primarily associated to the use of the pool and not the residential building.
• Similar structures that have a combined use for shade, housing filtration equipment, storage of pool equipment, chemicals, pool furniture and the like, used in connection with the swimming pool. Critically, the size of such structures within the pool enclosure is to be in keeping with the size of the pool and not be for any other use.

What is Not Allowed?

The following structures are not allowed in the enclosed pool area and are to be located and accessed outside the swimming pool enclosure:

• Any residential building,
• Any WC, shower room, change room, laundry or clothes line,
• Any structure with cooking and food storage facilities,
• Enclosed gazebos, cabanas and pool houses,
• Sheds and garages not associated with the swimming pool.

For more information on general planning matters you may wish to book a 15 minute meeting with Council's Duty Planner or for more complex development advice a Pre-DA meeting.

Planning Information Services    Pre-lodgement Meeting

NSW Fair Trading Swimming pools and spas

NSW Swimming Pool Register

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