Whether you’re thinking about building a new swimming pool or you already have one installed on your property, it’s important to understand your legal rights and obligations. Here’s everything you should know about swimming pool compliance, as well as the rules you need to stick to.

Building & insurance

Firstly, you should always be wary of a builder that plans to carry out the work but asks you to be an owner-builder. It could be that your chosen builder isn’t registered to build your pool or spa, which would be a disaster. Also, you should never sign an application for a building permit as an owner-builder when you’re not, as it may expose you to offences and result in you not being covered by your insurance. But that’s not all you need to remember.

Always make sure:

·       Your builder gives you an insurance certificate under the Home Building Compensation Fund. Without one, you are not covered for defective or incomplete work should your builder become insolvent, disappear or die.

·       You sight current contract works and public liability insurance policies covering your own and neighbours’ properties.

·       Read the fine print on your own home and contents insurance policy to ensure it covers swimming pools, just in case you encounter issues after the build.

Safety

Full compliance with swimming pool regulations will help ensure you, your family and your guests stay safe. If you’re non-complaint in any way, it could increase the risk of someone injuring themselves or even drowning in your pool. Not only would that be unimaginably tragic, but it could also lead to prosecution. As a pool or spa owner, it is your responsibility to familiarise yourself with safety laws and comply with the following requirements:

·       Swimming pool owners in NSW and QLD must register their pools or face a fine. The register is used to assist councils and water safety agencies to direct water safety information and compliance updates to pool owners.

·       In NSW, once a pool is registered, owners need to obtain a Compliance Certificate. This is also necessary to sell a property with a swimming pool.

·       In all states, pool owners are legally required to fence all bodies of water over 300mm in depth.

·       Pool fencing must be 1200mm high with a gap of 100mm or less at the bottom or between the panels. There should be no climbable objects within 900mm of the pool fencing. Gates should be built to ensure they swing away from the pool and have a child safety lock.

It’s also worth pointing out that exact rules will vary from state to state and registrations can be found online. However, every pool owner must:

·       If there are any trees, shrubs or landscaping in the area, ensure they do not allow children to climb the pool fencing.

·       Display a current Resuscitation Chart in the pool area.

·       Remove hazards, such as pot plants, barbecues and pool furniture, as well as ensure any moveable hazards are at least one metre from the pool fence.

·       Make sure the pool gate opens outwards and closes from all positions in its arc.

·       Ensure pool fencing always stays in good condition.

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