Requirements when selling, buying or leasing a property

below are the requirements for selling, buying or leasing a property with a swimming pool and how to obtain a Compliance Certificate and the costs involved.

Swimming Pool Certificates of Compliance or Non-Compliance Certificates

Requirements for selling or buying a property with a pool

Buying a property with a pool it is required to have one of the following as part of the contract of sale:

  • A Certificate of Compliance (issued within the last 3 years)
  • An Occupation Certificate and a copy of the pools Registration Certificate (An Occupation Certificate must be relevant to the swimming pool and be issued within the last 3 years)
  • A Certificate of Non-Compliance

A Swimming Pool Compliance Certificate or Non-Compliance Certificate can be issue by Council or any accredited Private Certifier.  The Occupation Certificate can only be provided by the Council or Certifier that “issued the associated Construction Certificate or Complying Development Certificate for the construction/installation of the pool.

Seller’s/owner’s responsibilities

It is the owner’s responsibility to arrange for the pool/spa to be inspected prior to a sale.  Allow sufficient time to obtain either a Compliance Certificate or Occupation Certificate (as rectification work to bring the pool barrier into compliance & a reinspection may be required):

  • Where a pool is found compliant, a copy of the Compliance Certificate or Final Occupation Certificate and a Certificate of Registration is to be attached to the contract of sale.
  • If the pool/spa is inspected and found to be non-compliant. Engage a tradesperson to rectify the defects and have the pool reinspected so that a compliance certificate can be issued; or
  • attach a certificate of non-compliance to the contract for sale.  The buyer then has 90 days from the date of settlement to remedy any identified defects and bring the swimming pool into compliance.

Note: If the pool is considered a public safety risk, a Certificate of Non-Compliance and/or Order may be issued to bring the pool into compliance in a time specified by the Council.

Buyer’s responsibilities

Ensure there is a copy of the pool Registration Certificate, Compliance Certificate or Occupation Certificate or a Non-Compliance Certificate as part of the sale contract.
When a property is purchased with a non-compliant pool (with a Non-Compliance Certificate as part of the sale contract), the purchaser assumes the responsibility to rectify all compliance issues within 90 days of the settlement date. When a property with a pool is purchased, the purchaser is responsible for maintaining the pool barrier as a compliant, child-resistant barrier and providing supervision of children at all times.

Requirements for leasing a property with a pool

It is now compulsory to have one of the following as part of a lease agreement:

  • A Certificate of Compliance (issued within the last three years), or
  • An Occupation Certificate and a copy of the pools Registration Certificate (An Occupation Certificate must be relevant to the swimming pool and be issued within the last 3 years)

A Swimming Pool Compliance Certificate can be issued by Council or any accredited Private Certifier.  The Occupation Certificate can only be provided by the Council or Certifier that “issued the associated Construction Certificate or Complying Development Certificate for the construction/installation of the pool.

Owner’s responsibilities for leasing a property with a pool

It is the owner’s responsibility to ensure the swimming pool is registered on the NSW Swimming Pool Register and to arrange for the pool/spa to be inspected prior to entering into a lease agreement. Sufficient time must be provided to obtain the Compliance Certificate or Occupation Certificate (as rectification work& reinspection may be required). If a pool is compliant, ensure a copy of the Compliance Certificate or Final Occupation Certificate and a Certificate of Registration is attached to the lease agreement.
If the pool/spa is non-compliant, the owner will be required rectify the defects and have the pool reinspected so that a compliance certificate can be issued.

Note: If the pool is considered a public safety risk an Order may be issued to bring the pool into compliance in a time specified by the Council. It is the pool owners responsibility to maintain the pool barrier to comply with the appropriate version of Australian Standard 1926.1.

How to apply for a Swimming pool compliance certificate, costs and the process

Prior to lodging an application, owners are to ensure that their pool or spa is registered on the NSW Swimming Pool Register NSW Swimming Pool Register Website.  Owners should download a copy of the Registration Certificate and the swimming pool self assessment checklist to see if the pool or spa complies, this may save any additional inspection fee (Note: second inspection fee $100).

You can apply by visiting the AlburyCity Customer Service Centre; fill in an application form and pay the $150 fee for the initial inspection.

Once Council receives the application, information about the pools construction and registration will be confirmed. You or your representative will be contacted to organize an inspection at a mutually convenient time.  The owner or their representative is to be present for the inspection, for immediate advice regarding any deficiencies.

If the pool is found to be compliant at the time of initial inspection (and all fees have been paid) the Certificate of Compliance will be issued within the 5 working day of the inspection.

If the pool is found to be non-compliant AlburyCity will provide written advice to the applicant detailing the works required to bring the pool into compliance.

In these instances an additional $100 fee will apply for a second inspection or if a pensioner rebate for rates applies to the property, the additional fee will be $50 and will require payment prior to the Compliance Certificate being issued.

If the property is being sold, the owner may choose to complete the rectification works to the pool.  Alternatively, a Non-Compliance Certificate will be issue, where the purchaser takes on the responsibility of bringing the pool into compliance within 90 days of the contracts being exchanged.

If the non-compliance issues associated with the pool are serious and the pool is considered a public safety risk, a Certificate of Non-Compliance and/or Order may be issued to bring the pool into compliance in a time specified by the Council.

Councils Swimming pool inspection program



Residential Swimming Pools

Since November 2012 Councils have been required to implement a Swimming Pool Inspection Program. Albury City’s program involves Council Officers performing 20 inspections per month to confirm that owners of swimming pools are meeting their obligations in regard to maintenance of child resistant safety barriers.

The inspections are performed on a random basis with owners being provided with 14 day’s written notice of the planned date and time of the inspection. Where the barrier (fence) is found to be satisfactory owners are advised and a Swimming Pool Certificate of Compliance will be issued on receipt of payment.

Should deficiency be found with the barrier, owners will be advised and an appropriate time will be negotiated for rectification work to be performed and a further inspection arranged.
Fees associated with the inspections are $150 for the initial inspection and $100 for a second inspection, if required. If a pensioner rebate for rates applies to the property, the fee for the second inspection is $50.

Tourist, visitor & multi occupancy developments (such as hotels, caravan parks, residential unit blocks of more than 2 tenancies)

Owners of these types of premises are required to maintain a valid Compliance Certificate and require inspection every 3 years.  It is the property owner’s responsibility to ensure they have a valid Compliance Certificate in place at all times.

Council does not provide the property owner of prior notice for inspections for this type of premises.  Fees associated with the inspections are $150 for the initial inspection and $100 for the second inspection (if required).