Since 29 April 2016, NSW has required a pool certificate before a home with a pool or spa is sold or leased. The rules differ for sales and leases, and the difference matters most when the pool fails.
What a sale and a lease need
| Selling | Leasing | |
|---|---|---|
| Swimming Pool Register certificate | Yes, attached to the contract | Pool must be registered |
| Certificate of compliance | Accepted | Accepted |
| Occupation certificate under 3 years old | Accepted | Accepted |
| Certificate of non-compliance | Accepted; buyer fixes within 90 days of settlement | Not accepted |
| Strata or community scheme with more than 2 lots | Exempt | Exempt |
From the NSW Government's Owning a pool or spa page, updated 16 March 2026. Off-the-plan sales are also exempt.
Selling
The contract for sale must include the pool's Swimming Pool Register certificate and one of a certificate of compliance, an occupation certificate issued in the last 3 years, or a certificate of non-compliance. If they're missing, the buyer may rescind within 14 days of exchange, unless settlement has already happened.
Passing, or selling as is
If the pool passes, you get a certificate of compliance and the contract can go out. If it fails, you have two choices. Fix the defects and get a re-inspection, or attach a certificate of non-compliance and let the buyer fix them. The buyer then has 90 days from settlement to do the work. Buyers often price that work in, so fixing simple defects first can be worth it.
Buying a home with a pool
A buyer can book a pre-purchase pool inspection with a registered certifier before exchange, to know what needs fixing. If you're buying with a certificate of non-compliance, the 90 days starts at settlement, so line up a contractor early.
Leasing
The landlord or agent must give the tenant a copy of a valid certificate of compliance or an occupation certificate issued in the last 3 years. A certificate of non-compliance can't be used to rent a property, so if the pool fails, it has to be fixed and re-inspected before the tenancy starts.
A certificate lasts 3 years, which often spans more than one tenancy. Diarise the expiry date and book the next inspection a few weeks before it, especially if the property is between tenants.
Keeping settlement on track
- Check the pool is on the NSW Swimming Pool Register and download the registration certificate.
- Do a pre-check with the pool barrier checker and fix the easy items.
- Book the inspection before listing or advertising for tenants. Give the certifier your date.
- If it fails, book a fence or gate repair straight away, then the re-inspection.
- Give the certificate to your conveyancer or agent as soon as it's issued.
Common questions
What happens if I sell without a pool certificate?
If the contract doesn't include the Register certificate and a compliance, occupation or non-compliance certificate, the buyer may rescind within 14 days of exchange, unless settlement has already happened.
Who fixes the pool if I sell with a certificate of non-compliance?
The buyer. They have 90 days from settlement to fix the defects listed on the certificate, unless it says the pool is a significant risk to public safety.
Can I lease my house with a certificate of non-compliance?
No. The NSW Government says a certificate of non-compliance can't be used to rent a property. The tenant must get a copy of a certificate of compliance or a recent occupation certificate.
Do I need a pool certificate to sell an apartment?
Not if it's a lot in a strata or community scheme with more than 2 lots, or the sale is off the plan. The owners corporation is responsible for the common pool.
Are holiday lets exempt?
No official source says short-term or holiday rentals are exempt from the lease rules, so don't assume they are. Some councils, including Burwood and Camden, inspect pools at short-term rental and Airbnb properties every 3 years.
My certificate expires next month. Is it still good for a lease?
A certificate of compliance is valid for 3 years from issue. If it will lapse before or soon after the lease starts, book a new inspection now so the next tenancy isn't held up.
Where this information comes from
The rules on this page come from these published pages, checked on 16 October 2026.
- NSW Government: Owning a pool or spa, your obligations · Building Commission NSW guide to barriers, registration, sale and lease certificates and CPR signs (updated 16 March 2026)
- Building Commission NSW: An improved swimming pool register has launched · NSW Government news on the register relaunched on 16 March 2026
