BACKYARD SWIMMING POOLS
Weddin Shire Council provides information in this section to assist our residents meet backyard swimming pool safety and legislation requirements. In Australia, drowning is a leading cause of accidental death in very young children who lack the cognitive and water skills to deal with the danger.
Across NSW there are over 300,000 backyard swimming pools and they are commonplace in many backyards within the Weddin Shire. Below is a range of frequently asked questions and links to helpful information for our residents.
Council provides a swimming pool certificate upon request. The appropriate form can be found below and related fees and charges can be found in the current operational plan. The completed form should be emailed to Council at firstname.lastname@example.org or dropped into the administration building at 73 Camp Street.
Swimming Pool Certificate Application Form
I'm installing a new swimming pool. Do I need Council approval?
Certain pools are permitted without approval
State planning laws permit small portable backyard swimming pools without the need for Council approval, but only if the swimming pool meets the following requirements:
- It will not be installed on a property that is heritage listed.
- It will be used for residential use only.
- It will be located in the rear yard of the property.
- It will be located at least 1 metre from each lot boundary.
- It will not exceed 2,000 litres in capacity.
- It will not require structural work for installation.
- It will not impact on the structural stability of any building.
- A child resistant barrier will be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
- It will not cause any building to contravene the Building Code of Australia.
- It will be installed in accordance with manufacturers specifications, if applicable.
If the proposed swimming pool does not meet the requirements for pools that can be installed without approval, then it may be possible to install the pool by gaining a Complying Development Certificate with Council or an accredited private certifier. For specific requirements for complying development please refer to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP).
Note - The application for a Complying Development Certificate must be accompanied by a BASIX Certificate if the capacity of the swimming pool exceeds 40,000 litres).
Development Application & Construction Certificate
If the proposed swimming pool does not meet the requirements for Complying Development, then a Development Application (DA) and Construction Certificate (CC) Application must be lodged with Council through the NSW Planning Portal. See the Planning and Development section of this website for further information on the requirements for lodging DA's and CC's.
Note - The Development Application must be accompanied by a BASIX Certificate if the capacity of the swimming pool exceeds 40,000 litres).
What are the current laws for swimming pools in NSW?
The Swimming Pools Act 1992 and its regulations work together with Australian Standard 1926 (AS1926) to establish the safety standards for ‘backyard’ swimming pools. These documents have been updated a number of times and, as a result, apply differently at different points in time.
The Building Code of Australia also stipulates the requirements for swimming pool barriers and water reticulation systems for new swimming pools. Access to the Building Code of Australia can be obtained at ncc.abcb.gov.au
- All NSW swimming pools to be registered by the owners on the NSW Swimming Pools Register.
- Pool owners will require a compliance certificate before sale or lease of their property from 29 April 2014.
Find more information from the NSW Swimming Pool Register.
Has the law changed since I installed my swimming pool and how does that affect my pool?
Depending when your pool or was built or installed, or if your pool fence or access to the pool was substantially rebuilt or altered, determines which rules apply to your pool.
For an assessment checklist for your pool, spa or inflatable pool on when your pool, fence or access was built or altered refer to the NSW Swimming Pool Register Checklist.
Do I have to fence my swimming pool?
Swimming pool owners must make sure their pools comply with fencing laws. Pools that are able to be filled to a depth of 300mm or more must be surrounded by a safety barrier separating the swimming pool from any residential building or place adjoining the premises.
Fences surrounding pools must be designed, constructed, installed and maintained to meet Australian standards for swimming pools. Go to the pool fencing requirements page at Fair Trading NSW Pool Fencing Requirements for more information.
Helpful information, links and legislation
- The Swimming Pools Act 1992 NSW legislation can be found here: https://legislation.nsw.gov.au
The NSW Government safety checklists page can be found at Pool inspection self-assessment checklists — NSW Swimming Pool Register These checklists are for a self-assessment and are based on when your pool was built or installed.
Pool owners must register their pools online on the NSW Swimming Pool Register
The children's hospital at Westmead have developed resources on drowning and water safety. This can be found at Kids Health
NSW Fair Trading have a range of information on Pools and Pool Safety including:
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