Most homeowners removing a pool own their property outright on Torrens (freehold) title, meaning they are the sole decision-maker, subject only to council approval requirements. But a significant number of pool removal enquiries in Newcastle and Lake Macquarie come from people on strata or community title who need to navigate a very different approval process before they can touch the pool. This guide explains the key differences and what each title type means for your pool removal project. For the full detail on strata pool removal, see our comprehensive guide to strata pool removal in NSW.
Quick answer (BLUF)
On Torrens (freehold) title, pool removal requires only owner decision plus applicable council approvals (usually exempt development). On strata or community title, the pool is typically common property, meaning the owner corporation (body corporate) must approve removal, usually by special resolution (75%+ vote). This fundamentally changes the timeline and process.
Torrens title: the straightforward case
The vast majority of residential properties in Newcastle and Lake Macquarie are Torrens title, the owner holds the freehold to the land and all structures on it. For Torrens title owners:
Who decides: The owner. No other party needs to approve the removal decision (unless the property is mortgaged, see below).
Council approval: In most cases, removing an in-ground pool from a Torrens title residential property in the Newcastle or Lake Macquarie council area is exempt development under the NSW SEPP (Exempt and Complying Development Codes). This means no DA or CDC is required. However, there are exceptions: heritage-listed properties, properties with unusual site constraints, or partial fill-ins where the resulting surface area is to be built over may require additional approvals.
Mortgage lender: If you have a mortgage, your lender has a charge over your property. Pool removal can affect property value. Some lenders require notification before significant alterations. In practice, most owner-occupiers remove pools without formally notifying their lender, but if you are refinancing or selling shortly after, this could come up. See our guide on pool removal and home loan implications for more detail.
Timeline: Once the decision is made, a Torrens title owner can typically have a pool removed within 4-6 weeks (including the quoting, pre-demolition decommissioning and demolition phases).
Strata title: the complex case
On strata title, the property is divided into “lots” (individual units/apartments) and “common property” (shared areas including driveways, gardens, pools and recreational facilities). The critical question is: Who owns the pool?
In virtually all strata schemes with a communal pool, the pool is common property, it belongs to the owner corporation (all lot owners collectively), not to any individual lot owner. An individual lot owner cannot unilaterally remove common property.
Who decides: The owner corporation (body corporate), acting through a general meeting of all lot owners. Pool removal constitutes a “special resolution” matter under the NSW Strata Schemes Management Act 2015, this requires a 75% vote by value (not just by head count) of lots in the scheme.
The process:
- A lot owner (or the strata committee) proposes pool removal as an agenda item
- Notice of the general meeting is given to all lot owners (minimum 7 days, or 21 days for AGM)
- A strata report (often a condition assessment) on the pool’s state may be commissioned to support the decision
- Vote is taken, 75% by value threshold must be met
- If approved, the strata committee commissions quotes and approves the works as an owner corporation decision
- Contractor engaged by the owner corporation (not by an individual lot owner)
Timeline: The strata process typically adds 4-12 weeks to the project timeline compared to a Torrens title removal, depending on meeting schedules and whether the vote is contested.
Community title: similar to strata but different rules
Community title (including neighbourhood association schemes and precinct association schemes) follows different legislation, the Community Land Management Act 2021. The mechanics are similar to strata: communal pool on association land, association approval required. The voting thresholds and meeting procedures differ slightly from strata schemes.
In the Hunter Valley and Lake Macquarie, community title is found in some newer residential estates. Check your title deed to confirm whether you are in a strata scheme (governed by the Strata Schemes Management Act) or a community scheme (governed by the Community Land Management Act).
What if the pool is within a lot (not common property)?
In some strata developments, particularly older townhouse-style schemes in suburbs like Charlestown, Kotara or Hamilton, the pool may be located within a lot’s exclusive use area rather than on common property. In this case:
- The lot owner may have more autonomy over the pool
- But the by-laws of the scheme must be reviewed, exclusive use areas often come with restrictions on what can be removed or altered
- A by-law change may still be needed, which requires either a special resolution or unanimous resolution depending on the nature of the change
Always review the strata plan, by-laws, and seek legal advice before assuming a pool within your lot boundary is yours to remove freely.
Key comparison table
| Factor | Torrens Title | Strata Title |
|---|---|---|
| Decision maker | Owner | Owner corporation (75%+ vote) |
| Council approval | Usually exempt development | Usually exempt development, but strata consent required first |
| Timeline | 4-6 weeks typical | 8-18 weeks typical |
| Contractor engaged by | Individual owner | Owner corporation |
| Legal framework | Not applicable | Strata Schemes Management Act 2015 |
FAQs
Can I force a strata vote on pool removal if the committee won’t schedule it?
Yes. Under the NSW Strata Schemes Management Act 2015, lot owners can request a general meeting if 25% of lot owners by lot entitlement support the request. If the committee refuses to act, individual owners have rights to compel a meeting through the scheme’s AGM or through application to NSW Fair Trading/NCAT.
Does pool removal on Torrens title require body corporate approval?
No, Torrens title properties have no body corporate. The owner corporation concept applies only to strata and community title schemes.
What happens to the strata levies after a shared pool is removed?
Pool maintenance and insurance costs typically form a significant part of a strata scheme’s capital works fund contributions. Removing the pool should reduce ongoing levies for all lot owners over time, as pool servicing, chemicals, inspection and insurance costs drop out of the annual budget.