Swimming pool legislation can be found on the NSW Legislation website:
These documents have been updated a number of times and, as a result, there may be varying versions which refer to your barrier compliance requirements.
The 2018 Regulation supports the Swimming Pools Act 1992 (the Act) and features changes to further improve the operation and administration of the Act. The Act sets out the responsibilities of pool owners and generally requires that pool access be restricted by a child-resistant barrier to protect young children.
Australian Standard/s
The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.
The requirements for child-resistant barriers vary depending on when the pool was built and where the pool is located. There are 3 different Pool Safety Standards that apply in NSW, depending on when the pool was constructed:
- AS 1926-1986, fences and gates for private swimming pools which applies to pools constructed before 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
- AS1926.1 - 2012, swimming pool safety, Part 1 safety barriers for swimming pools constructed after 1 May 2013
General Summary
Pools built before 1 August 1990
Access to the pool from the house must be restricted at all times. Windows and doors may form part of the barrier, but they must be compliant.
This exemption ceases to apply in respect of a swimming pool if a barrier is erected on the premises (between the swimming pool and a residential building) as a barrier to direct access to the swimming pool from any residential building situated on the premises.
Pools built after 1 August 1990 but before 1 July 2010
The pool must be surrounded by a fence that separates the pool from the house. Some exemptions apply if the pool is part of
- a very small property (less than 230 square meters)
- a large property (2 hectares or over)
- a waterfront property.
Pools built from 1 July 2010
All new pools must be surrounded by a fence that separates the pool from the house.
Note: If the swimming pool barrier is modified or altered, then the current Swimming Pools Act 1992, Swimming Pools Regulation 2018, and Australian Standard AS1926.1-2012 are applied and previous exemptions cease.
Laws for buying, selling, or leasing a property with a swimming pool in NSW
Properties to be sold with a pool must have:
- A certificate of registration AND
- A certificate of compliance; or
- A relevant occupation certificate; or
- A certificate of non-compliance.
Properties to be leased with a pool must have:
- A certificate of registration AND
- A certificate of compliance; or
- A relevant occupation certificate
What is exempt?
These laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming pools) Regulation 2016.
Additional information on Legislation, Regulations, and Australian Standards can be accessed on the Information page of the NSW Swimming Pool Register website.
Pool inspection self-assessment checklists can be accessed on the Checklists page of the Swimming Pool Register website.
Register your pool on the Swimming Pool Register website.