Swimming Pool Fence FAQ’s

I have an outdoor Spa Pool? What is required of me?

A spa pool is required to be surrounded by a child-resistant barrier just like any other outdoor pool and subject to the same requirements as a pool.

However, an owner of a spa pool may choose an alternative barrier in the form of

  • A child-resistant lid being a substantial structure that at all times restricts access to the spa when the spa is not in actual use.
  • When in place the child‑resistant lid is to be securely fastened to the spa pool by a child-resistant device.

Who is responsible for obtaining a swimming pool barrier “Certificate of Compliance” in NSW?

All properties that are being sold or leased will need to get a current swimming pool fence inspections.
The below shows who is responsible for obtaining the "Certificate of Compliance"

  1. Private Property - Owner
  2. Residential (Land Lease) Communities - Owner/Operator
  3. Holiday Parks - Owner/Operator (unless occupied by the crown)
  4. Boarding Houses - Owner/Operator
  5. Retirement Villages - either owner/operator of the village or for strata title villages the owners corporation is responsible or for villages which operate under the Residential Tenancies Act the landlord/s are responsible.
  6. Strata Units/Townhouses - Owners corporation (Body Corporate)/Secretary
  7. Community scheme - Owners corporation
  8. Tourist/backpackers accommodation - Owner
  9. Visitor/hotels, motels and serviced apartments/home stay, farm stay, bed and breakfast accommodation - Owners
  10. Multi-occupancy developments - Owners corporation (Body corporate)

Link to Office of Fair Trading

I have a boundary fence that does not comply with the Australian Standards. How are the expenses of constructing dividing fences to be apportioned?

"How are the expenses of constructing dividing fences to be apportioned?

(1) The expenses of constructing, altering, repairing, replacing or maintaining a dividing fence are, to the extent to which they are attributable to work done for the purpose of complying with the requirements of this Act in respect of a swimming pool, to be borne:

(a) by the owner of the premises on which the swimming pool is situated, or
(b) if swimming pools are situated on more than one of the premises bounded by the dividing fence-by the owners of each of those premises in appropriate proportions.

(2) This section prevails over any provision of the Dividing Fences Act 1991 to the contrary."