Buyer’s guide  ·  NSW

Buying a property with a swimming pool in NSW: what to look out for

Buying a property with a swimming pool in NSW? Learn which pool certificates must be in the contract, the 90-day rule for non-compliant pools, and costs to plan for.

Updated October 2026 to reflect current law.

Buying a property with a swimming pool in NSW? A pool can be a great lifestyle asset, but it also comes with legal duties that become yours the day you settle.

NSW has strict pool safety laws under the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018. The pool certificate attached to the contract can decide whether you have to pay for repairs after you buy.

This guide explains what to check, what each pool certificate means for you, and the ongoing costs to budget for.

Swimming pool safety rules in NSW

NSW pool owners must keep their pool safe, especially for young children. Once you own the property, these duties are yours. The key requirements are:

• Safety barrier: the pool must be surrounded by a child-resistant barrier. Pool fences must generally be at least 1.2 metres high, with self-closing and self-latching gates. The exact technical standard depends on when the pool was built. See pool fencing requirements.
• CPR sign: a resuscitation (CPR) sign must be displayed near the pool. It must be in good condition and readable from 3 metres away.
• Registration: all pools and spas must be registered on the NSW Swimming Pool Register. You can search any address to check. Registration does not mean the pool is compliant.
• Ongoing duty: the owner must keep the barrier in good repair at all times, not just when selling or leasing.

What pool certificate must be in the contract for sale?

When a property with a pool or spa is sold in NSW, the seller must attach the pool’s registration certificate and one of the following certificates to the contract (source: NSW Government).

Important: the 90-day period does not apply if the certificate of non-compliance says the pool poses a significant risk to public safety. Council can then require the work to be done sooner.

No certificate attached? If the contract does not include the required pool documents, you may be able to rescind the contract within 14 days of exchange, unless settlement has already happened. Speak to your lawyer straight away.

Buying with a certificate of non-compliance: what you need to know

A certificate of non-compliance lets the sale go ahead, but the cost and work of fixing the pool become yours. Before you exchange:

• Read the certificate. It lists each defect. Some are cheap (a gate latch); others are costly (a new fence).
• Get a quote from a pool fencing contractor or certifier for the repair work.
• Negotiate. You can ask the seller to fix the pool before settlement, or ask for a price reduction.
• Plan the 90 days. Book trades early so you can finish the work and get a certificate of compliance in time.
• Renting it out? You cannot lease the property with only a certificate of non-compliance. A landlord must give the tenant a certificate of compliance or a relevant occupation certificate.

If the pool is not fixed in time, council can take enforcement action, such as issuing directions or fines.

Buying a unit or townhouse with a shared pool

If the pool is on common property in a strata or community scheme with more than 2 lots, the sale certificate rules above do not apply to your lot. The owners corporation is responsible for keeping the shared pool compliant.

Ask your lawyer to check the strata records for pool compliance issues and planned repair costs.

Pool maintenance and the condition of equipment

Owning a pool means regular upkeep to keep it clean, safe and working:

• Cleaning and water chemistry: regular cleaning and chemical balancing prevent algae and keep the water safe.
• Equipment: the pump, filter, chlorinator and heater need servicing and eventually replacing.
• Seasonal care: pools need different care in summer and winter.

Check the equipment before you buy. Under the standard NSW contract, you generally take the property in its condition at the date of the contract. If the pool pump is broken when you sign, the seller usually does not have to fix it. Test the equipment at inspection, or ask a pool technician to check it. Your pre-settlement inspection is a chance to confirm nothing has changed. A building inspection will not usually assess pool equipment or barrier compliance.

Insurance for a property with a pool

Tell your insurer about the pool. Check that your policy:

• covers your legal liability if someone is injured in or around the pool, and
• covers damage to the pool, fencing and equipment.

See our guide to property insurance in NSW for when you need cover in place.

The ongoing costs of owning a swimming pool

• Utility bills: pumps, heating and top-ups can increase power and water costs.
• Maintenance and repairs: chemicals, servicing, and eventual resurfacing or equipment replacement.
• Compliance: keeping the barrier compliant, and a new certificate when you sell or lease if yours has expired.
• Insurance: premiums may be higher.

Is a pool right for your lifestyle?

A pool can bring years of enjoyment and a great place to entertain. It also takes time, effort and money. Make sure the benefits suit your lifestyle and budget before you commit.

Swimming pool FAQs

Does every pool in NSW need a certificate of compliance?

Not at all times. A pool certificate is needed when you sell or lease the property (with some strata and off-the-plan exceptions). But every pool must be registered and kept compliant at all times.

How long is a pool certificate of compliance valid in NSW?

3 years from the date it is issued.

What happens if I buy a property with a non-compliant pool?

If the contract includes a certificate of non-compliance, you have 90 days from settlement to fix the defects and get a certificate of compliance, unless the certificate says the pool is a significant public safety risk.

Can I pull out if the seller did not attach a pool certificate?

Generally, yes. You can rescind within 14 days of exchange if the required pool documents are missing, unless settlement has happened.

This article is general information only and is not legal advice. It reflects NSW law at the date of publication. Please contact us for advice about your circumstances.

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