Pool and Spa Safety
- Details
- Written by: Adam Gatt Penrith City Council (02) 4732 7777 (02) 4732 7958 council@penrithcity.nsw.gov.au https://www.penrithcity.nsw.gov.au 601 High St Penrith NSW 2750 Australia
Obtaining a Certificate of Compliance
A Certificate of Compliance can be obtained from Council using the forms below. Please note there is a $150 fee payable at the time the application is lodged. If additional inspections are required these will be charged at $100 per inspection. Once Council has received your application, a Council Officer will contact you to arrange a suitable time to inspect your swimming pool, spa or swim spa barrier.
For more details:
- Download Council's Swimming Pool Safety Factsheet
- Contact Council's Swimming Pool Administration Officer on 4732 7777.
Leasing a property with a swimming pool, spa or swim spa
The owner of a swimming pool, spa or swim spa must obtain a Certificate of Compliance before leasing the property. The Certificate of Compliance certifies that the swimming pool or spa barrier complies with the relevant standard and is valid for 3 years.
An Occupation Certificate issued within the past 3 years may act as a Certificate of Compliance.
Selling a property with a swimming pool, spa or swim spa
The owner of a swimming pool, spa or swim spa must obtain a Certificate of Compliance before they can sell their property. The Certificate of Compliance certifies that the swimming pool, spa or swim spa barrier complies with the relevant standard and is valid for 3 years.
A Certificate of Non-Compliance may also be issued. If contracts for sale are exchanged using a Certificate of Non-Compliance, the purchaser has 90 days after settlement to bring the barrier into compliance.
Please be advised that the sale status of a property, prior to settlement, does not alter Council’s responsibility to work to ensure that any compliance requirements are met within the timeframe provided.
An Occupation Certificate issued within the past 3 years may act as a Certificate of Compliance.
Factsheet - Laws for buying a property with a swimming pool in NSW
Factsheet - Laws for selling a property with a swimming pool in NSW
How much could a cheap pool cost you?
It could cost a life. A cheap inflatable pool is a great way to keep cool, but they are responsible for one in 5 pool drownings.
Do the maths: $69 for the pool...
- $550 fine... if it is not fenced
- $220 fine... if it is not registered
- $1,500 fine... if there is no development consent
- A death if a toddler gets into an unfenced pool and drowns.
Portable and inflatable pools carry the same safety risks as permanent pools. Any pool deeper than 30cm must have a compliant barrier, while pools with a capacity greater than 2,000 litres require development approval before installation and filling.
New swimming pool safety standards for 2027
Pool safety standards are changing 1 May 2027, so it’s best to prepare now and ensure your pool barrier continues to provide the highest level of protection for children.
A new swimming pool barrier safety standard, AS1926.1-2024, is expected to become the current standard by 1 May 2027. Pool owners are encouraged to prepare early.
If your pool barrier was built or assessed under an earlier safety standard, now is the time to check whether it will continue to provide an acceptable level of safety under AS1926.1-2024.
Council may no longer uphold previous safety standards where AS1926.1-2024 applies and will focus strongly on the current standard when assessing swimming pool barrier safety.
Do not wait until the change takes effect. Check your pool gate, latch, barrier height, non-climbable zones and surrounding objects now.
Pool owners should seek advice from Council or an appropriately qualified swimming pool certifier if they are unsure whether their pool barrier is ready for the 2027 changes.
Key requirements:
- Internal barrier height: min. 1200mm.
- Boundary barrier height: min. 1800mm.
- Gaps under/within barrier: max. 100mm.
- Gates must self-close, self-latch and swing outward.
- No climbable objects within 900mm of the barrier.
- CPR sign must be clearly visible within 3 metres of the pool and dated after 31 August 2018.
- Never leave children unsupervised in the pool area.
For more details:
- Download Councils Frequently Asked Questions
- Contact Council on (02) 4732 7777
- Find out more about the AS 1926.1:2024, swimming pool safety – safety barriers for swimming pools
Pool and spa compliance
Council's Swimming Pool and Spa Barrier Inspection Program was developed in consultation with the community. It was adopted in 2013 as a response to changes to state legislation and was designed to prevent drownings. It applies to all pools and spas which hold 30cm or more of water, including those that are portable and inflatable.
The program was updated in 2023 and includes contacting pool and spa owners to arrange inspections, promote compliance, and improve ongoing swimming pool safety within the community.
Download the Penrith City Council Swimming Pool Inspection Program
Fees apply for inspections. It is $150 for the first inspection and $100 if a second inspection is required. If a pool or spa complies, a Certificate of Compliance will be issued which is valid for 3 years.
Council is also conducting mandatory inspections of all tourist, visitor and multi-occupancy developments.
Fence your pool or spa
A proper fence with a self-closing and latching gate is the best way to stop toddlers wandering into danger. Fines of $550 apply if a pool is not completely surrounded by a compliant pool fence, including inflatable and portable pools that can be filled with 30cm or more of water. Spas may be fitted with a rigid child-resistant lockable lid.
Swim spa
A swim spa must be fenced because it is defined as a swimming pool under the relevant legislation. The swim spa still needs to be fenced off even if it has a lockable covers or lids.
Register your pool or spa
Owners of backyard swimming pools and spas must register their swimming pool and/or spa on the NSW Swimming Pool Register.
Fines of $220 may be issued for pools or spas that have not been registered.
All pools or spas (in-ground, portable or inflatable) with a depth of 30cm or more must be registered.
Development consent
You need to obtain development consent from Council to install a pool or spa that holds 2,000 litres or more of water. Installing a pool without development consent can incur a fine of $1500, including portable and inflatable pools.
For more information, call our Duty Building Surveyor on (02) 4732 7777.