Putting a house with a pool on the market, or finding a tenant for one, comes with paperwork that catches a lot of owners out. The rules for sellers and landlords are different, and so is what happens when a pool doesn’t pass. Here’s how it works in NSW, and how to get ahead of it.
This is general information, not legal advice. For your own contract or lease, check with your conveyancer or agent.
Which pool paperwork do you need?
| Situation | What you need |
|---|---|
| Selling | A registration certificate from the NSW Swimming Pool Register in the contract for sale, plus one of: an occupation certificate issued within the last 3 years, a valid certificate of compliance, or a certificate of non-compliance. |
| Leasing | A copy of the certificate of compliance or an occupation certificate given to the tenant. A certificate of non-compliance can’t be used to rent a property. |
| Strata or community scheme with more than 2 lots, or an off-the-plan sale | The sale and lease requirements above don’t apply. |
A certificate of compliance is valid for 3 years.
Selling: what has to be in the contract
If you don’t include a registration certificate and one of the three certificates above, the buyer may be able to rescind the contract within 14 days of exchange, unless settlement has already happened. That’s a risk you can avoid by sorting the pool before you list.
A certificate of non-compliance is allowed in the contract, but it passes the job to the buyer. They take on the obligation to get a certificate of compliance, and normally have 90 days from settlement to fix the defects listed. Where the certificate says the pool poses a significant risk to public safety, that rule is different, so ask your certifier or conveyancer how it applies.
Buying a home with a pool
Read the pool certificate in the contract before you exchange. If it’s a certificate of non-compliance, the fix-it list and the deadline become yours. It’s worth knowing what’s on that list before you commit. Our guide to how long a building and pest inspection takes covers fitting an inspection into your timeline, and the inspection report will also note the pool and its equipment.
Leasing: a certificate of non-compliance won’t do
The tenant has to be given a copy of the certificate of compliance or the occupation certificate. If your pool only has a certificate of non-compliance, it needs the defects fixed and a certificate of compliance issued before the property can be rented.
Registered is not the same as compliant
Every pool must be on the NSW Swimming Pool Register, but registering doesn’t mean the pool is compliant. Compliance is confirmed by an inspection. Which Australian Standard applies depends on when the pool was built, and renovations to the barrier can bring an older pool under today’s rules. Our pool fence checklist sets out the measurements and the standards by pool age, so we won’t repeat them here.
Getting the inspection done
- Start early. The NSW Government advises owners to contact a council or registered certifier early, to leave time before selling or renting.
- Pick who inspects. Councils and registered swimming pool inspectors (certifiers) can both inspect and issue a certificate of compliance or non-compliance.
- Ask about minor repairs. Some certifiers can do minor repairs of up to $1,000, including labour and materials, so they can issue a certificate. They need the right Home Building Act licence to do it, and you’re free to hire another tradesperson instead.
- Know what you’re asking for. Our guide to pool compliance certificates in NSW explains what the certificate covers.
Book a pool inspection
Elite Building & Pest Services are registered certifiers for pool barriers in NSW, servicing Newcastle, Lake Macquarie and Maitland. If you’re selling, buying or leasing a home with a pool, read about our pool barrier certifications, book an inspection or call us on (02) 4954 6415.
- (02) 4954 6415
- admin@elitebps.com.au
- Servicing Newcastle, Kotara, Warners Bay, Mayfield, Cameron Park and more
Sources: NSW Government, Pool owner obligations (nsw.gov.au, page last updated 16 March 2026).