Having a swimming pool or spa can be a great asset when selling your property in New South Wales (NSW), but it also comes with specific legal requirements that sellers must comply with to avoid jeopardising the sale. Understanding these obligations — especially around safety compliance and documentation — is essential for a smooth transaction.
1. Pool and Spa Safety Laws Apply to Your Sale
In NSW, the Swimming Pools Act 1992 and related regulations apply to all residential swimming pools and spa pools capable of holding water more than 30 cm deep. This includes traditional in-ground pools, above-ground pools, and spa pools — even portable ones — that are used for swimming, paddling or similar activities. NSW Government
These laws aim to reduce the risk of accidents, particularly involving children, by ensuring appropriate safety barriers are in place and regularly maintained.
2. Certification Requirements When Selling
When you sell a property with a pool or spa in NSW, your contract of sale must include one of the following documents:
- A valid certificate of compliance showing the pool or spa meets current safety barrier standards, or
- A relevant occupation certificate issued within the last 3 years and evidence that the pool or spa is registered, or
- A certificate of non-compliance. NSW Government
This rule has applied to NSW property sales since 2016 and is now well-established. Swimming Pool Register
If you fail to attach one of these documents to the contract, the buyer may be entitled to rescind (withdraw from) the contract within 14 days of exchange — unless settlement has already occurred.
3. What a Certificate of Non-Compliance Means
A certificate of non-compliance still fulfils the documentation requirement, but it signals that the pool or spa does not meet safety standards at the time of sale. In that case:
- The responsibility to fix any safety barrier issues generally transfers to the buyer after settlement.
- The buyer usually has 90 days from settlement to rectify the non-compliant items and obtain a certificate of compliance, unless the non-compliance poses a significant public safety risk. Federation Council+1
While this can facilitate a sale that might otherwise stall due to compliance issues, many buyers prefer not to take on this responsibility — or may negotiate a lower price in light of it.
4. Registration of Your Pool or Spa
Before you sell, make sure your pool or spa is registered on the NSW Swimming Pool Register. Registration is separate from compliance certification and is legally required for all backyard pools and spas. NSW Government+1
Fines can apply if a pool or spa isn’t registered, and registration helps buyers and certifiers quickly verify its status during the sales process.
5. Exemptions in Certain Circumstances
Some contracts are exempt from these certification requirements:
- Properties in strata or community schemes with more than two lots (even if they have a shared pool) are generally exempt.
- Off-the-plan contracts are not subject to the pool compliance attachment requirements. NSW Government
However, even if an exemption applies, pool safety and risk considerations remain important for buyers and sellers alike.
6. Practical Tips for Sellers
To avoid delays or disputes:
- Organise a pool safety inspection early — don’t leave it until just before exchange.
- If your pool is non-compliant, consider fixing issues before listing. A current certificate of compliance can make your property more attractive and reduce negotiation pressure.
- Work with your solicitor or conveyancer to ensure all required documents — including pool certificates — are properly attached to the contract.
Final Word
Selling a home with a pool or spa in NSW brings additional steps and obligations, but when you understand the rules and prepare properly, you can avoid common pitfalls and ensure a smooth transaction. With the right paperwork in place and a commitment to safety and compliance, a pool or spa can remain a real selling point rather than a legal hurdle.
You can read more articles and publications from Linkpoint Lawyers by clicking here.
