Whether you need a pool safety inspection before removing a pool depends primarily on why the pool is being removed and the property’s circumstances. The short answer: if you’re removing a pool on a property you intend to sell, you may need a current certificate of compliance (or an exemption from it) before settlement. If you’re simply removing the pool and keeping the property, there is no NSW legal requirement for a pre-removal safety inspection.
This guide explains the rules clearly, covering the scenarios where inspection is required and those where it isn’t.
The NSW Swimming Pools Act: When Compliance Certificates Apply
Under the Swimming Pools Act 1992 (NSW) and its 2012 amendments, a Certificate of Compliance (CoC) or relevant documentation is required when:
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Selling a property with a pool: The vendor must either provide a valid CoC or include a disclosure in the contract noting the pool’s non-compliance, with the buyer taking on responsibility for achieving compliance within 90 days of settlement.
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Leasing a property with a pool: From 29 April 2016, landlords must have a valid CoC before entering into a new lease or renewing a lease for a property with a pool.
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Upon council inspection: Councils can inspect any registered pool and require a CoC if the pool fails.
If You’re Removing the Pool Before Selling
If you’ve decided to remove the pool before listing the property for sale, you don’t need a CoC, the pool will be gone before the sale. The relevant timing point is: if the pool is removed and deregistered from the NSW Swimming Pools Register before the contract of sale is prepared, the property has no pool at point of sale and the pool compliance obligations don’t apply.
This is actually one of the practical advantages of removing a pool before selling. An old, non-compliant pool creates a compliance disclosure obligation in the contract that can make buyers cautious. Removing the pool eliminates this issue entirely.
The key is timing:
- Remove and deregister before the contract is prepared: No pool disclosure needed in the contract
- Remove after the contract is signed: The contract was written when the pool existed, and compliance obligations at the time of contract apply
Work with your conveyancer to ensure the pool deregistration is confirmed before the contract of sale is prepared. See our deregistration guide for the deregistration process.
If You’re Removing a Non-Compliant Pool in a Rental Property
If you’re a landlord with a non-compliant pool and you intend to remove it rather than upgrade it, you don’t need to obtain a CoC first, but you cannot re-let the property with the pool in place while it’s non-compliant.
The practical approach for landlords:
- Don’t renew the lease until the pool is removed (or the pool is upgraded to compliant)
- Once the pool is removed and deregistered, the compliance obligation ceases
- The property can then be re-let without pool-related obligations
When You Do Need an Inspection First
There are specific scenarios where a pre-removal inspection is relevant:
Scenario 1: The property is being sold while the pool still exists If you haven’t removed the pool before the sale campaign, the contract of sale must address pool compliance. Options are:
- Provide a valid CoC (obtained via a formal council inspection or accredited certifier)
- Include a Section 22D certificate showing the pool was registered on or before 29 April 2016 (applicable to pools registered before the 2016 lease amendment)
- Include a disclosure in the contract that the pool is non-compliant and the buyer will achieve compliance within 90 days, noting that as you’re selling a non-compliant pool, the buyer bears the cost and risk
If you’re in this position and planning to remove the pool post-settlement (as an agreement with the buyer), the contract must clearly address this arrangement.
Scenario 2: Council has issued a compliance direction If your council (Newcastle City Council, Lake Macquarie City Council, or Maitland City Council) has issued a direction requiring pool barrier compliance, you must either comply or remove the pool. If removal is your chosen path, there is no requirement to first achieve barrier compliance before removing, the removal itself resolves the direction.
Communicate your intention to remove to the council inspector in writing and confirm a timeframe. Most councils will stay enforcement action while a genuine removal project is underway.
Scenario 3: Strata complex In a strata scheme, the owners corporation may require a formal pool safety assessment as part of the evidence base for the decision to remove (to demonstrate the cost of compliance vs removal). This isn’t a legal pre-removal requirement, it’s a governance step in the strata decision-making process.
The CoC Process: What’s Involved
For completeness, a Certificate of Compliance for a swimming pool in NSW involves:
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Inspection by council or accredited certifier: An inspector assesses the pool barrier (fence, gates, latches, and self-closing mechanisms) against the standards under the Swimming Pools Regulation 2018
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Assessment of compliance: The inspector checks gate latches and heights, fence dimensions, non-climbable zones, pool barrier continuity, and signage (where required)
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Certificate issued or defects noted: If compliant, a CoC is issued. If not, a defect notice lists required rectification work
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Valid period: A CoC issued after an inspection is valid for three years (or less if the inspector specifies)
CoC fees vary by council, Newcastle City Council, Lake Macquarie City Council, and Maitland City Council each have their own fee schedule. Expect $150 to $350 for a council inspection.
What If the Pool Is Non-Compliant and I’m Removing It?
The most common scenario is an old pool that’s non-compliant because the barriers are below current standard height, the gates are not self-closing, or the non-climbable zones don’t meet current regulations. If you’re removing the pool rather than upgrading:
- You do not need to spend money bringing the barriers up to standard before removal
- The compliance obligation ends when the pool is removed and deregistered
- Do not enter into any new lease with the pool in its current non-compliant state
- For property sales, either remove before contracts or use the buyer-compliance disclosure mechanism
This is financially significant: upgrading a non-compliant pool barrier to current standard can cost $3,000 to $8,000. If removal is inevitable, this expenditure is wasted.
Post-Removal Inspection: The Final Sign-Off
There is a different type of inspection relevant to pool removal, the council or certifier inspection of the finished removal site. This verifies that the pool has been completely removed or properly filled, the site is safe, and the property is in the condition described in the removal documentation.
This post-removal sign-off is what enables deregistration from the NSW Swimming Pools Register and provides the completion documentation needed for property conveyancing. See our final sign-off inspection guide.
Pool Fencing After Removal
Once the pool is removed, there is no further pool safety fencing obligation under NSW law. The fencing requirements of the Swimming Pools Act apply to pools, not to former pool areas. See our full guide on pool fencing obligations after pool removal for what to do with the existing pool fence.
Frequently Asked Questions
Do I need a pool safety inspection if I’m removing the pool next month? Not if you’re not selling or leasing the property in the interim. If you’re simply maintaining private use until the removal is done, no inspection is required beforehand.
What happens if I sell a house with a pool and don’t disclose compliance issues? Selling a property with a non-compliant pool without appropriate disclosure in the contract can expose you to claims from the buyer after settlement. Your conveyancer should ensure the contract correctly addresses pool compliance. Removal before contract preparation is the cleanest solution.
Can I remove a pool that’s under a council compliance direction without fixing it first? Yes. The direction to achieve compliance can be resolved by removal, not just by rectification. Notify the council inspector in writing that you intend to remove the pool, and provide a timeframe. The council will typically acknowledge your intention and note the compliance matter accordingly.
My tenant wants to stay but the pool is non-compliant. What are my options? You cannot legally renew a lease for a property with a non-compliant pool. Your options are: achieve compliance before renewal, remove the pool before renewal, or allow the existing lease to expire and then address the pool before re-letting. You cannot continue leasing the property without resolving the compliance issue.
After I remove my pool, do I need a safety inspection for the former pool area? No pool safety inspection under the Swimming Pools Act is required for a former pool area, there’s no pool, so there’s nothing to inspect under that legislation. A site completion inspection by the council or a private certifier may be required to confirm the pool has been properly removed, but this is a different type of inspection.
Removing a non-compliant pool and want to understand your obligations? Contact Hunter Pool Removals for a free assessment and quote, we cover Newcastle, Lake Macquarie, Maitland, and the Hunter Valley.