Swimming Pools and Spas
NSW Swimming Pool Register
Under the Swimming Pools Amendment Act 2012, all pool owners are required to register their pool on the NSW Government Swimming Pool Register from 29 April 2013. Penalties apply for failure to register. Please click on the below links to assist you with the program and registration process.
Swimming Pool Forms
- Development Application Form
- Construction Certificate Application Form
- Complying Development Application Form (NSW Codes SEPP)
- Application for Exemption from Pool Fence Requirements
- Glazing Certification including Glass Pool Fences
- Swimming Pool and/or Spa Bath Certification
- Swimming Pool Compliance Certificate Application and Re-inspection
Private Swimming Pools and Spas
- Swimming Pool Legislation
- Pool Fencing Requirements
- Water Recirculation Requirements
- Pool Fencing Checklist
- Building a New Pool
- Lodgment Checklist
- Indoor Pools & Spas
Pool owners please note the following:
- Swimming pool owners are required to register their swimming pools on an online register provided by the NSW State Government from 29 April 2013
- As part of the registration process, swimming pool owners will be required to self-assess their pool for compliance then state in the register that, to the best of their knowledge, their swimming pool complies with the applicable standard. Checklists are provided on the NSW Government website to assist you with this process
- There is a penalty for owners who fail to register a swimming pool (penalty notice amount of $220)
- Details of pool Compliance Certificates issued by a council or other private sector Accredited Certifiers are required to be entered by the certifier on the NSW Government register
- Council or other privately Accredited Certifiers under the Building Professional Act 2005 may conduct swimming pool inspections initiated by the pool owner and issue Compliance Certificates
- Higher risk pools associated with tourist facilities, multi-unit residential developments, motels and the like are to be inspected at three year intervals
- All properties with a swimming pool or spa pool being sold or leased on or after 29 April 2016 will need a valid certificate of compliance or a relevant occupation certificate.
- After 29 April 2016, the following will be ‘prescribed documents’ if the contract relates to land on which there is situated a swimming pool:
(a) a valid certificate of compliance issued under the Swimming Pools Act 1992
(b) a relevant occupation certificate and evidence that the swimming pool is registered under the Swimming Pools Act 1992
(c) a valid certificate of non-compliance issued under the Swimming Pools Regulation 2008.
- All contracts for sale that are exchanged after 29 April 2016 must have either a swimming pool certificate of compliance or a certificate of non-compliance.
- Vendors are now able to transfer the obligation of obtaining a certificate of compliance to the purchaser. The transfer of the obligation will be realised through the attachment of a certificate of non-compliance to the contract for sale. The buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
- Councils are required to develop and introduce a pool barrier inspection program in consultation with their communities, adopted and commencing 29 October 2013
- Council charges a prescribed fee of $250 for an initial inspection ($150) and re-inspection ($100). If a re-inspection is not required, $100 will be refunded to the applicant.
- Compliance Certificates may be withheld on failure to pay inspection fees
- Pools subject to a valid Final Occupation Certificate are exempt from Council’s pool barrier inspection program for a period of three years from the date of Final Occupation Certificate issue
- Private sector Accredited Certifiers may issue notices upon owners of non-compliant pools and are required to forward copies of notices to councils
- As part of a council’s inspection program, councils are required to report annually to the NSW Government on the number of pool inspections undertaken, the level of compliance and requirements for compliance
- Council’s powers of entry to premises are consistent with the Local Government Act 1993.
Public Swimming Pools and Spas
Ballina Shire Council operates two public swimming pools within the Shire. The Alstonville Heated Olympic Pool and the Ballina Memorial Olympic Pool & Waterslide. Each of the venues have a 50m Olympic pool, learn-to-swim pool and toddler's pool. Learn-to-swim classes, swimming lessons, water polo clubs and swimming clubs are available at both venues.
provides information on new pool inspection laws if you are selling or leasing a property with a poolRead more
provides information on council's fencing requirements for swimming pools and spasRead more
requirements for building a new swimming pool in Ballina ShireRead more
provides information on swimming pool water recirculation requirementsRead more