Strata pool removal in NSW is significantly more complex than removing a pool from a freehold property: a pool in common property usually requires a special resolution at a general meeting, a by-law change registered at NSW Land Registry Services, and then normal council approval before any contractor sets foot on site. For Newcastle and Lake Macquarie strata owners considering pool removal, this guide walks through the legal framework under the Strata Schemes Management Act 2015 NSW and the practical steps to reach a backfill. This is not legal advice: consult a strata lawyer or contact NSW Fair Trading strata schemes for authoritative guidance. On a larger scheme, the physical works themselves are also treated as a commercial site for WHS purposes; see our commercial pool removal guide for the safety and compliance obligations that sit alongside the strata approval process covered here.
Common property vs lot property pools
The first question in any strata pool removal is: who owns the pool?
Common property pool: A pool in a strata scheme’s common property is owned collectively by all lot owners (via the owners corporation). Decisions about common property, including removing improvements like a pool, must go through the owners corporation’s decision-making process. This is by far the more complex scenario.
Lot property pool: Less common in strata schemes, but some schemes have pools in private courtyards or lots (particularly in townhouse or villa-style schemes). If the pool is within a lot and was installed with appropriate approvals, the lot owner may have more flexibility, but the owners corporation by-laws will still need to be reviewed for any restrictions.
Check your strata plan to confirm the pool’s classification. The deposited plan showing common property boundaries is obtained from NSW Land Registry Services. Your strata manager should also be able to confirm the pool’s status.
Special resolution: what you need at the AGM
To remove a common property pool, the owners corporation generally needs to pass a special resolution. Under the Strata Schemes Management Act 2015, a special resolution is one where:
- Notice of the proposed resolution is given to all lot owners at least 7 days before the meeting.
- No more than 25% of the aggregate unit entitlements vote against the resolution at the meeting.
In practice, special resolutions in strata schemes often require significant preparation: written notice to all owners with a clear explanation of what is being proposed, the reasons for removal, cost estimates, and the proposed by-law change. Owners who were not notified, or who feel the process was inadequate, can challenge the resolution.
Note that a special resolution under the Strata Schemes Management Act is not the same as a unanimous resolution (which requires all owners to agree). Strata law is nuanced; this is a summary only. Do not rely on it for your specific scheme without legal advice.
Amending by-laws to remove a pool
Removing a pool from common property changes the common property, which typically requires a new or amended by-law. The by-law process:
- The owners corporation passes a special resolution approving the removal and the new by-law.
- The by-law is registered with NSW Land Registry Services. This gives it legal effect.
- The owners corporation then applies to council for the normal building approvals (CDC or DA) for the physical work.
- Once approval is granted, the contractor is engaged and the removal proceeds.
The by-law should clearly state what is being removed (the pool, associated equipment, fencing and surrounds), what the common property will look like after removal, and how the resulting area will be maintained.
A strata lawyer can draft the by-law. The cost is modest relative to the total project, and a poorly drafted by-law can create problems on future sale or with the owners corporation’s insurance.
Cost apportionment between owners
A common-property pool removal costs money, and that cost must be apportioned between lot owners. The most common approaches are:
- Levy via the administrative or capital works fund: The owners corporation decides how much to set aside, then levies lot owners in proportion to their unit entitlement. This is the standard mechanism for owners corporation spending.
- Special levy: If the removal cost is significant and the existing funds are insufficient, a special levy is raised. Unit entitlement determines each owner’s share.
- External funding: Some owners corporations arrange a loan via a strata finance facility, repaid through levies over several years.
Cost transparency is important. Before the special resolution vote, owners should see detailed quotes and a clear breakdown of the cost per lot (by unit entitlement). Our pool removal payment options guide covers financing options relevant to larger projects.
There is also the question of what to do with the area after the pool is removed. If the owners corporation intends to landscape or install another feature, those costs should be included in the project scope presented to owners.
Fair Trading dispute pathways
If a significant minority of lot owners oppose the removal, or if the process is challenged after a special resolution is passed, the dispute pathways include:
- NSW Fair Trading mediation: A free or low-cost mediation service for strata disputes. NSW Fair Trading strata schemes has the details.
- NSW Civil and Administrative Tribunal (NCAT): For matters that cannot be resolved through mediation. NCAT can adjudicate on whether a resolution was validly passed and whether by-laws are enforceable.
- Supreme Court of NSW: For complex or high-value matters. Generally not the appropriate first step.
The most common disputes arise from inadequate notice before the meeting, a failure to meet the unit entitlement threshold on the vote, or disagreement about the cost apportionment. Getting the process right from the start, with a strata lawyer advising, minimises the risk of challenge.
If your building has a heritage overlay (some older apartment blocks in Newcastle’s inner suburbs do), also read our heritage pool removal guide before progressing to council approval.
Timeline from motion to backfill
A realistic timeline for a common-property strata pool removal from initial motion to completion:
| Stage | Typical duration |
|---|---|
| Decide to explore removal, engage strata lawyer and get quotes | 4-8 weeks |
| Notice period and general meeting | 4-6 weeks |
| By-law drafting and registration at LRS | 4-8 weeks |
| Council approval (CDC or DA) | 4-12 weeks |
| Contractor scheduling and lead time | 4-8 weeks |
| Demolition and backfill | 2-5 days |
| Pool deregistration and file close-out | 2-4 weeks |
Total timeline from initial motion to filled-in pool: typically 6-18 months depending on scheme complexity, owner cooperation and council pathway. This is a regional norm, not a guarantee.
The pool’s deregistration from the NSW Swimming Pool Register should happen promptly after backfill. See our NSW Swimming Pool Register deregistration guide for the steps.
Also consider neighbour notification obligations once you reach the council-approval stage. Even within a strata scheme, notifying other lot owners and any immediately adjoining properties of demolition timing is courteous and sometimes required.
To discuss the physical pool removal once your strata approvals are in order, request a free quote. Our full pool removal service and partial pool removal and fill-in service cover the main options.
FAQs
Can a single lot owner remove a common-property pool without the owners corporation?
No. Common property belongs collectively to all lot owners via the owners corporation. A single owner cannot unilaterally remove or alter common property. Doing so is a breach of the Strata Schemes Management Act and could expose the owner to legal action by the owners corporation.
What if the pool is in my private courtyard?
If the pool is within your lot (not common property), the process is more like a standard freehold pool removal: council approval (CDC or DA), licensed contractors and deregistration. However, check your by-laws for any restrictions on lot alterations, and check whether the installation has owners corporation approval if it was built after the scheme was registered.
Does the entire owners corporation need to agree, or just a majority?
A special resolution under the Strata Schemes Management Act does not require unanimity. It requires that no more than 25% of unit entitlement votes against the resolution. A higher proportion of owner entitlement can be in favour or abstaining, and the resolution still passes. Check the Act and your strata lawyer’s advice for how this applies to your specific scheme.
What if we can’t agree on what to do with the area after removal?
This is worth resolving before the special resolution vote, not after. Presenting a complete plan (remove pool, landscape with turf and seating, or install a garden) with full costs gives owners a clearer picture to vote on. Ambiguity about the post-removal design can generate opposition.
Can the owners corporation rent the area after the pool is removed?
As common property, it belongs to all owners collectively and cannot be rented to a single owner without a further special resolution and by-law change (an exclusive use by-law). This is a separate process from the removal itself. Not all strata schemes allow it; check with a strata lawyer.
Related reading
- Pool removal council approval in NSW
- Pool removal permits checklist
- NSW Swimming Pool Register deregistration
- Neighbour notification for pool removal
- Heritage pool removal in NSW
- Pool fencing cost vs pool removal cost
- Pool removal payment options and finance
- Full pool removal service
- Partial pool removal and fill-in service