In Australia, drowning is still a major cause of death in young children under 5. In NSW swimming pool safety is legislated by the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.
All swimming pools that are capable of being filled with 300 mm of water must be at all times surrounded by a child-resistant barrier. Inflatable / portable pools are not exempt and must comply with swimming pool laws.
Selling or Leasing a Property with a Swimming Pool
On the 11 March 2016, the Minister for Local Government Paul Toole announced that the following requirements will take effect from 29 April 2016.
The sale of a property (with a swimming pool) must include a pool barrier compliance certificate; or
The vendor of a property can transfer the requirement to make a pool barrier compliant, to the purchaser. The transfer will be realised through the attachment of a ‘certificate of non-compliance’ to the contract for sale, requiring the works to be completed within 90days from the transfer of title.
Properties with two (2) dwellings or less are required to have a certificate of compliance before entering into a lease
A spa pool is not required to be surrounded by a child-resistant barrier so long as access to the water is restricted with a child resistant barrier which is secured by a lockable child-safe structure.