What Happens When a Pool Fails Inspection in NSW?
When a pool fails inspection in NSW, it does not necessarily mean the entire pool fence must be replaced.
Many swimming pools are initially found to be non-compliant because of repairable issues such as a gate that does not self-latch, climbable objects near the barrier, excessive gaps or missing CPR signage.
However, every identified defect must be taken seriously. A Certificate of Compliance cannot be issued until the necessary rectification work has been completed and the pool barrier complies with the applicable NSW requirements.
Here is what pool owners can generally expect after an unsuccessful pool compliance inspection.
Why a Pool Fails Inspection
A pool fails inspection when its safety barrier does not meet the NSW legislation and pool safety standard applicable to the property.
The inspector may assess:
Pool fence and boundary-barrier heights
Gaps underneath and within the barrier
Non-climbable zones
Gate opening direction
Gate self-closing and self-latching operation
Gate-latch positioning
Doors and windows affecting access to the pool
The condition and maintenance of the barrier
Required CPR or resuscitation signage
The standard applying to a pool can be influenced by when the pool and barrier were constructed and whether they have since been substantially altered or rebuilt.
This is why a registered swimming pool certifier must assess the individual property rather than relying exclusively on a generic checklist.
Step 1: You Receive Written Details of the Defects
If the pool barrier does not comply, the certifier cannot issue a Certificate of Compliance.
Instead, the owner will receive written notification identifying the areas of non-compliance and the work required to bring the pool barrier into compliance.
Depending on the circumstances, the documentation may include:
A written notice identifying the defects
An inspection report
Directions explaining the work required
A Certificate of Non-Compliance, where applicable
The written information should help you understand which parts of the barrier require attention. If anything is unclear, ask the certifier to explain the relevant item before arranging repairs.
A Certificate of Non-Compliance is not the same as a Certificate of Compliance. It does not confirm that the pool barrier is safe or allow the identified defects to be left unresolved.
Step 2: The Owner Rectifies the Problems
The property owner is responsible for arranging the necessary rectification work.
Common Minor Issues
Some pool inspection failures may be resolved by:
Adjusting the gate hinges
Repairing or replacing a faulty latch
Removing climbable furniture or pot plants
Trimming obstructive vegetation
Repairing an existing barrier panel
Correcting a gap beneath the barrier
Installing the required CPR sign
More Substantial Issues
Other defects may require more extensive work, such as:
Increasing the effective barrier height
Replacing sections of non-compliant fencing
Addressing an unsuitable boundary barrier
Modifying unsafe access through a door or window
Removing permanent climbing hazards
Correcting major gaps or changes in ground level
Do not arrange repairs based only on photographs or general online advice. The completed work must address the specific defects listed in the inspection report and satisfy the standard applicable to the property.
Depending on the work required, you may need an appropriately licensed contractor or further professional advice.
Step 3: A Follow-Up Inspection Is Arranged
Once all identified defects have been rectified, the pool must be inspected again before a Certificate of Compliance can be issued.
During the follow-up inspection, the certifier will check whether:
The listed defects have been corrected
The completed work meets the applicable requirements
The barrier remains structurally sound
No new compliance problems have been introduced
For example, replacing a gate latch may resolve one problem but create another if the new latch is installed in a non-compliant position. The inspector must assess the completed barrier as a whole.
Sydney Pool Compliance offers follow-up inspections for $200 where rectification is required after the initial inspection. The follow-up appointment should be arranged promptly once all listed work has been completed.
How Long Do You Have to Fix a Non-Compliant Pool?
This is an important consideration for NSW pool owners.
Under section 22E of the current NSW Swimming Pools Act 1992:
If the certifier considers the pool a significant risk to public safety, the notice must be forwarded to the relevant local council immediately.
Otherwise, the owner is generally given six weeks from the inspection date to rectify the identified issues.
If a Certificate of Compliance has not been issued by the end of that period, the certifier generally must forward the notice to the local council within five days.
Council may then investigate the non-compliant pool barrier and take compliance or enforcement action.
You can read the applicable requirements in section 22E of the NSW Swimming Pools Act 1992.
An unsuccessful inspection should therefore not be left unresolved. Review the report promptly, arrange the necessary rectification work and book a follow-up inspection as soon as all identified issues have been addressed.
Can You Sell a Property With a Non-Compliant Pool?
In certain NSW property sales, a valid Certificate of Non-Compliance may be attached to the contract of sale instead of a Certificate of Compliance.
When a property is sold under this arrangement, responsibility for rectification may pass to the purchaser. The purchaser generally has 90 days from settlement to bring the pool barrier into compliance.
However, sellers must ensure the contract contains the prescribed swimming pool documents. Property owners should obtain advice from their conveyancer or solicitor about the requirements applying to their particular sale.
The requirements for rental properties are different. A Certificate of Non-Compliance cannot be used as a substitute for the required valid compliance documentation when leasing a NSW property with a swimming pool.
When Is the Certificate of Compliance Issued?
A Certificate of Compliance can be issued once the certifier is satisfied that the swimming pool barrier meets the applicable NSW requirements and the pool is correctly registered on the NSW Swimming Pool Register.
A NSW swimming pool Certificate of Compliance is generally valid for three years from the date it is issued, provided the barrier continues to be properly maintained and remains compliant.
Receiving a certificate does not remove the owner’s ongoing responsibility to maintain the fence, gates, latches and surrounding pool area.
Book a Pool Compliance Inspection in Sydney
Failing an initial pool inspection is not the end of the process.
The next step is to understand the defects, complete the appropriate rectification work and arrange a follow-up inspection without unnecessary delay.
Sydney Pool Compliance provides professional pool safety inspections, clear reporting and follow-up inspections across Greater Sydney.
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