Why Certify?

Pool Certify can advise you on how to correctly rectify issues that may render your pool area non-compliant – issues that you may not even be aware of and could be putting your family at risk!

Amendments have been made to the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008. Pool owners need to comply with these new amendments as well as with the current Australian Standards.

For those who feel safe already but do not have a Certificate of Compliance, don’t assume your Public Liability policy will cover you in the event of an accident in your pool causing injury/death. Our advice is to call your insurer to confirm full coverage.

Why Should I Choose Pool Certify?

We are Fully Accredited Category E1 Certifiers and as such, are committed to providing you with expert advice with the aim of achieving full compliance for your Swimming Pool and/or Spa.

We know the regulations inside out and can quickly alert you to issues that may affect your pool’s compliance with the new regulations and advise you on rectification works. You will receive a tailored action plan so you will know exactly what needs to be done to achieve compliance.

Once non-compliance issues are resolved, we re-inspect and provide you with a Compliance Certificate.

We are available seven days a week and can inspect at a time to suit you.

Will my Report be easy to understand & let me know how to rectify any issues?

Some Certifiers use an app to complete their Reports. This saves them time and some claim you will receive your Report immediately.
We prefer to write your Report in the office so you will receive full action Report which is easy to follow and reader friendly without industry jargon. There will be two images of every issue so you can see exactly what the problem is. Our Reports are used as a Scope of Works for your tradesman to quote the works and follow through to completion, so that you can be sure every issue has been resolved on your behalf. We offer post Report assistance to help you get your pool compliant quickly.

What do I need to do if I am selling/leasing my property and it has a pool and/or spa?

From 29th April 2016, by law all properties for sale or lease will need to be certified and the certificate included in any lease or contract for sale. A property with a pool cannot be advertised without a current Compliance Certificate; fines apply to the selling Agent as well as the pool owner.

On 11th March 2016 the Office of Local Government made an amendment to allow Vendors the option of presenting Purchasers with a Non-Compliance Certificate with the Sales Contract, thereby passing on responsibility to the Purchaser to effect repairs in order to achieve Compliance.

A purchaser will have 90 days from date of ownership to effect repairs.

Only a Compliance Certificate will be accepted for Properties to be leased.

The Swimming Pools Act 1992 and Swimming Pool Regulation 2008 apply to all swimming pools and spas on premises where there is a residential building, a moveable dwelling (e.g. caravan), a hotel or a motel.

I've recently settled on a home but I don't understand what I need to do to comply.

Many new owners have received a Notices to Comply attached to the Sales Contract. The content of these Notices can be difficult to understand when you were not present for the original inspection. Just forward your Notice to Comply to us and we can go through each item with you to check if you have interpreted the instructions correctly. Once works are satisfactorily complete, we will be happy to re-inspect so that you can meet your obligations as the new owner and be safe in the knowledge that you have have a compliant barrier.

Now that we've moved in I've realised I didn't receive a Notice to Comply - just a Non Compliance Certificate.

In that case, if we were the inspecting Certifier, just contact us for the full Notice to Comply. If the pool was inspected by others, no problem, we can meet you on site and go through any issues with you & provide a Report so that you can start working towards achieving Compliance.

I'm about to make an offer on a home with a non compliant pool barrier. Do you meet with prospective buyers?

As a home buyer you may have never owned a pool and know little about pool compliance. You may not have seen the Notice to Comply issued to the owner. We can certainly meet with you on site to go through all issues so that you can make an informed decision on your potential purchase.

The home we've just purchased has windows overlooking the pool. Is that allowed?

The short answer is no, unless the windows are covered with a grill or amplimesh for example. Some windows are allowed to overlook if correctly locked or the opening correctly limited. Our Certifier will be able to advise you exactly what to do in this circumstance. We can also re-inspect your barriers even if we did not do the original inspection.

Are you able to assist with the repair works? I dont' feel confident managing tradesmen.

We certainly can. We offer project management for a fee specific to your scope of works. Our Certifier is a licensed builder whose speciality is finding cost-effective ways to achieve compliance whilst preserving the beauty of the pool enclosure and back garden as a whole.

I need to increase the height of my Boundary Fence but my neighbour won't contribute to the cost

The Dividing Fences Act 1991 regulates neighbours’ responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Nothing in the Act prevents neighbours coming to their own agreement about a fence, for example that one owner will pay the whole cost. Read on to find out more details that might assist you when your Certifier has asked you to replace or increase the height of your Dividing Fence.

I'm a developer and I've bought an old home with pool which will be removed. Do I still need to comply?

When properties are being sold to make way for developments, whether large scale or just for one property, this presents somewhat more of a problem for the purchaser. Not only will they likely be required to lodge a DA with respect to the removal of the pool, but they must still abide by the 90 days allowance to ensure the pool barrier is made safe. We can provide options to new owners to make sure they not only ensure safety especially where the residence is vacant, but fill the hole & dispose of the pool water in the correct manner.

We have bi-fold stacked doors opening directly onto our pool area. Is this compliant with new laws?

Dependant upon the age of the pool, probably not. If this describes your pool area, we can advise you how to achieve compliance without having to carry out major works.

We're not Selling or Leasing, do we still need to Comply?

The short answer is Yes. Whilst the 29th April 2016 deadline will force a number of pool owners to comply with the laws that does not mean all other homeowners do not need to Comply.

Fines are already in place and spot inspections are being planned in future to encourage more and more of the broader community to make their swimming pools compliant.

Another issue is that if an accident or drowning were to happen in your non-compliant pool or spa, then your property insurer may have grounds to refuse a claim against you. NSW Government is serious about protecting children. Call your insurer for confirmation of their position. Compliance not only protects children but home owners as well.

I am about to enter into a lease for an apartment with a shared pool. What do I need to know?

From April 29th, 2016, your leasing contract must include a current Compliance Certificate for the shared pool. Speak to your real estate agent or property manager if you are already an existing lease-holder.

I only have an inflatable pool. Do these rules apply to me?

Inflatable pools, wading pools, above ground pools and spas are all required to comply if capable of being filled with 300mm depth of water or more. Your pool must be surrounded by a Child-Resistant Barrier. All components must be maintained so as to be in good repair and good working condition. A previously compliant pool would become non-compliant if for example, a part of the fence had broken.

My Swimming Pool filtration system is not working properly but I need to place my home on the market. Will this affect Compliance?

No it won’t. The Certifier is only concerned about your pool’s barriers, not the swimming pool itself.

Can a plunge pool be compliant with a lockable child-proof lid?

When you lodge a DA for the plunge pool the certifying authority will advise you. However if you can swim in the pool then it is not a spa pool. Spa pools have seats and jets and no space to swim in. Your Certifying Authority is likely to require a Swim Spa to be fenced in order to comply with the Swimming Pools Act.

How is my Boundary Fence height measured?

In order to comply with AS1926.1-2012 you will need your Boundary Fence height to measure a minimum of 1800mm. This is measured from poolside, not the neighbours’ side. This is a complete change from the old Standard where height was measured from the neighbours side,

Is Bamboo a Compliant Material to screen my Boundary Fence?

Bamboo is a flexible material that is held together with horizontal components. AS1926.1-2012 Clause 2.2.1. does not permit any climbable points within the upper 900mm of the boundary fence height. There can be no objects that facilitate climbing. So no, bamboo is not suitable as it is not a smooth material.

Why am I being asked to provide evidence of compliance on 31/8/2008

The Swimming Poois Regulation 2018 Clause 30 specifies that for pools built prior to 2008 the owner is required to submit evidence that the pool fencing complied with AS1926.1-1986 prior to the amendment of that Standard (specifically 31/8/2008). Furthermore the Regulatory Body requires owners to provide evidence that compliance has been maintained after that amendment with no substantial alterations or re-building to the means of access to the pool..

What are Non-Ancillary Structures?

The Swimming Pools Act 1992 requires a pool to be separated from the Residence with a compliant barrier. No structures are permitted to be located within the bounds of the pool enclosure with the exception of a fixed slide and the pool filtration equipment enclosure. Any other objects or structures are Non Ancillary to the use of a swimming pool. Therefore objects or structures such as BBQ’s, dining tables, TV’s, trampolines, cubby houses, outdoor kitchens and toilets or storage or garden sheds are not permitted within the bounds of the pool enclosure.

My neighbour and I are replacing the Boundary fencing. Whose side should the rails be on?

Good question. The rails need to be on the side that does not have a pool. If you both have a pool then use vertical palings both sides or a ColorBond fence.

Can you have a wet edge pool in NSW?

Yes of course, with the proviso that the pool must be fenced with separate fencing on all sides. The side wall of the pool cannot form the barrier and the wet edge must be enclosed with a separate fence structure that is not attached to the pool structure.

What Percentage of Pools are compliant at first inspection?

Sadly very few! In our experience previously compliant pools often have maintenance issues. For older pools, it is likely they were built or last assessed under a superseded Standard whereas now the only Standard that can be applied is AS1926.2012. We recommend that any boundary fence that is being replaced must be built to a minimum height of 1800mm and this is measured from poolside. Go for 1900mm to be on the safe side and don’t build a garden bed at the base of your new fence.