Swimming Pools

Drowning is a leading cause of preventable death in children under 5 years of age. In 2012, the Swimming Pools Act 1992 was amended to improve the safety of children around swimming pools in NSW. The changes include:

  • swimming pool owners must register their swimming pool or spa pool on the NSW Swimming Pool Register
  • accredited certifiers registered with the Building Professionals Board and local councils can carry out inspections of swimming pools
  • from 29 April 2016 and unless exempted, a copy of the valid certificate of compliance or non-compliance or relevant occupation certificate (as the case may be) must be attached to the sale contract for any property with a swimming pool or spa pool to be sold and, to rent a property with a swimming pool or spa pool, a copy of the valid compliance certificate or relevant occupation certificate (as the case may be) must be given to the tenant at the time of entering into the residential tenancy agreement.

As an agent it is vital that you understand how the swimming pool laws affect the properties that you list, sell, lease and manage. As your professional association we have developed this topic page to give you a one-stop shop to find all the information, advice and documents you need to ensure that you can comply with the law and continue to provide a valued service to your clients.

Swimming Pools Information sheet

The NSW Office of Local Government has just published an Information Sheet giving further details on the 29 April 2016 changes to the swimming pool regulations. This Information Sheet can be accessed by clicking here >>>

NSW Fair Trading guidelines

From 29 April 2016 and unless exempted, properties in NSW with a swimming pool or spa pool cannot be sold or leased without a valid certificate of compliance or relevant occupation certificate (or certificate of non-compliance with respect to a sale).

Sale and Lease Provisions Factsheets

The Office of Local Government has produced a range of Factsheets to help with the sale and lease provisions of the new swimming pool laws. The Factsheets are targeted at different stakeholders including selling agents, leasing agents, landlords, tenants, buyers and sellers. To download any of the factsheets visit the OLG website

Swimming pool register

From 29 October 2013, a swimming pool must have been registered on the NSW Swimming Pool Register. To check if a pool is on the register or to confirm if a registered pool has a valid Registration Certificate and Compliance Certificate, click here >>>

Member-only helpline

Get practical advice on any underquoting question from the helpline team of licensed and experienced agents.

Call: (02) 9264 2343 (option 4)
Email: [email protected]

Changes to the Residential Tenancy Agreement

REINSW has updated the Residential Tenancy Agreement (FM00401) to reflect the swimming pool changes in both the paper and electronic formats (REI Forms Live).

The NSW Fair Trading Addendum is now available which can be used with the prior version of FM00401. To download this Addendum as a PDF please click here.

To purchase hard copy forms, please visit our online store.

To contact the REI Forms Live support team please email [email protected] or call (02) 9264 2343.

New tenant checklist

NSW Fair Trading has released an updated Fact Sheet (dated April 2016) which should be supplied to the tenant at the start of every tenancy. You can download this FREE checklist from our online store .

To contact the Store please email [email protected] or call (02) 9264 2343


News items

Catch up on all our articles and news items on the swimming pool changes…and the long road to get to April 2016.

More >>>


Read REINSW's submissions to the NSW State government on swimming pool changes.

More >>>

Independent Review

Read the Independent Review of NSW Swimming Pool Barrier Requirements for Backyard Swimming Pools in NSW (authored by Michael Lambert).

Read now >>> 

Changes to pool certification

The Building Professionals Regulation 2007 has been amended to allow E1, A1, A2 and A3 pool certifiers to make a swimming pool comply with the new regulations.

Find out more about swimming pool certification on the Building Professionals Board website by clicking here.

Give us your feedback!

Do you have any feedback in relation to the swimming pools changes?

Email us at [email protected]