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Changes to pool fencing law in NSW effective April 2016

Drowning is one of the highest causes of death in young children under 5. Accordingly the NSW government mandates tough laws dealing with pool fencing to ensure the highest level of safety for children. 

New changes to pool fencing laws in NSW will take effect from 29 April 2016.  These changes will require all homeowners with a pool to have a valid Certificate of Compliance or relevant occupation certificate before they can sell or rent a home in New South Wales.

These new obligations follow the 2012 changes to the Swimming Pools Act 1992, requiring pool owners to register their swimming pool or spa on the NSW Swimming Pool Register. Local councils and accredited certifiers can carry out inspections to ensure compliance of pool fencing.

After 29 April 2016, home owners wanting to sell or rent their property, must attach a copy of the valid Certificate of Compliance or relevant occupation certificate to:-

  • the contract for the sale of land; or
  • the residential tenancy agreement.

We have updated our Residential Tenancy Agreement Kits to comply with these latest changes.

If your property is in a strata scheme and includes a pool, the owners’ corporation or body corporation is responsible for meeting these requirements.

All pools with a depth of more than 30 centimetres must comply with the fencing requirements in New South Wales.  The NSW Office of Fair Trading has a comprehensive explanation of the pool-fencing obligations of home owners here.

pool fencing april 2016

More information

For more information on the new Changes to NSW pool Fencing Laws, see here.

Your pool fencing obligations as a homeowner.

NSW Residential Tenancies Kit, which includes updates following the latest changes to pool fencing laws.

 

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