Swimming Pool Compliance for NSW Rental Properties: What Landlords Must Do

The Non-Negotiable: You Need Valid Pool Certification

If your NSW rental property has a swimming pool or spa capable of being filled to a depth greater than 30 centimetres, the pool must be registered and have a valid Certificate of Compliance or relevant Occupation Certificate when the tenancy agreement is entered into. Give the tenant a copy when the agreement is signed.

This is a strict statutory requirement under the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018. A Certificate of Compliance is valid for 3 years; a relevant Occupation Certificate must also have been issued within the last 3 years.

Unlike a property sale — where a vendor can attach a Certificate of Non-Compliance and transfer the rectification burden to the buyer — a Certificate of Non-Compliance cannot be used to lease a residential property. The barrier and safety gates must fully comply before a tenant takes possession.

Step 1: Register the Pool

Every residential swimming pool or spa must be registered on the NSW Swimming Pool Register. Registration is free and mandatory. You can register online at the NSW Swimming Pool Register website.

If you inherited the property or bought it with an existing pool, check the register — previous owners may not have completed registration. An unregistered pool is a compliance failure from day one.

Step 2: Get the Certificate of Compliance

A Certificate of Compliance confirms that the pool barrier, gates, and safety features meet the current standard. It can be issued by:

• A local council officer
• An accredited private certifier (E1 category under the Building and Development Certifiers Act 2018)

If the property has a relevant Occupation Certificate issued within the last 3 years, that certificate can meet the tenancy document requirement instead.

The Certificate of Compliance is valid for 3 years from the date of issue. A relevant Occupation Certificate is also accepted if issued within the last 3 years. Mark the applicable expiry date in your compliance calendar and arrange any renewal inspection before it lapses — not after.

What the Inspector Checks

The inspection focuses on the pool barrier (fencing), self-closing and self-latching gates, climbable objects near the barrier, and any direct access points from the house to the pool area. Common failure points include:

• Gate latches that do not self-close from any position
• Climbable objects within 900mm of the barrier (pot plants, chairs, stored items)
• Gaps in or under the fence that exceed the permitted measurement
• Direct door access from the house to the pool area without a compliant barrier

If you need a Certificate of Compliance and the inspection reveals non-compliance, rectify the issues and pass a re-inspection to obtain the certificate.

How Much Does Pool Compliance Cost?

Council inspection fees vary by local government area but typically range from $150 to $350 for an initial inspection. Private E1 certifiers may charge less or more depending on location and urgency. Budget for a re-inspection fee if the property fails the first time.

The Certificate of Compliance is valid for 3 years, so you may need a renewal inspection when it expires. A relevant Occupation Certificate issued within the last 3 years may instead satisfy the leasing document requirement.

Strata Scheme Exemption

The requirement to attach a pool compliance certificate to the residential tenancy agreement does not apply to a lot in a strata scheme or community scheme containing more than two lots. In those cases, the Owners Corporation manages pool compliance for the common property pool.

If you own a lot in a small two-lot strata with a shared pool, the exemption does not apply — you need the certificate.

What Happens If You Lease Without a Certificate?

Where the tenancy certificate requirement applies, the landlord must provide the tenant with a copy of a valid Certificate of Compliance or relevant Occupation Certificate under clause 46 of Schedule 1 to the Residential Tenancies Regulation 2019. Failing to register a pool carries a maximum penalty of 20 penalty units ($2,200) under section 30B of the Swimming Pools Act 1992. A non-compliant outdoor pool barrier can attract a maximum penalty of 50 penalty units under section 7 of that Act.

For a complete pool compliance tracking workflow — including a printable Swimming Pool Compliance Tracker that logs registration, inspection dates, certificate expiry, and rectification items — the Rental Minimum Standards in New South Wales guide covers every step.

See more New South Wales guides →