You’ve found the one. Three bedrooms in Bateau Bay, a north-facing yard and a pool the kids have already claimed. Then the contract arrives, and stapled near the back is a certificate of non-compliance for the pool barrier. Most people have no idea what that means for them. Buying a house with a pool in NSW comes with paperwork and obligations that a house without one doesn’t, and the time to understand them is before you exchange, not after.
Here’s how we look at pool homes for our clients on the Central Coast, and what we’d want you to check.
The contract has to tell you where the pool stands
Under the Swimming Pools Act 1992, a home with a pool or spa can’t simply be listed and sold. The vendor has to attach a document to the contract of sale that shows the state of the pool barrier. In practice you’ll usually see one of two things:
- a certificate of compliance, meaning a council or accredited private certifier has inspected the barrier and it passed
- a certificate of non-compliance, meaning it was inspected and it failed
Newer pools can be covered by different paperwork from when the pool was built, and larger strata schemes are handled differently again. Your conveyancer will confirm which applies. Either way, pools have to be listed on the NSW Swimming Pool Register, and a compliance certificate can’t be issued for a pool that isn’t registered. You can search the register yourself by address. It takes a couple of minutes and is worth doing before you even inspect.
A non-compliance certificate hands the problem to you
This is the part that catches buyers out. If the home sells with a certificate of non-compliance attached, the buyer has 90 days after settlement to fix the barrier. Not the vendor. You.
That means the cost of repairs, the trades and the follow-up inspection all land on your plate in the same three months you’re unpacking boxes and getting used to a new mortgage. The fix might be a gate spring and a latch. It might be a whole new section of fence. The certificate tells you the pool failed, but it doesn’t tell you what fixing it will cost.
So before you make an offer, read the certificate properly. It should list the specific defects. The ones we come across most often:
- gates that don’t self-close and self-latch from every open position
- things a child could climb near the fence, like pot plants, a barbecue, a retaining wall or a tree
- gaps under the fence where the ground has dropped away
- a door or window opening straight from the house into the pool area
Then get a quote. If the repairs are significant, that number belongs in your negotiation. You can ask for a lower price, or ask your conveyancer about a special condition that has the vendor fix the barrier and get a fresh certificate before settlement. A vendor who has already priced in the problem may say no. Plenty don’t, and you won’t know unless you ask.
A compliance certificate is not a clean bill of health
Buyers relax when they see a certificate of compliance, and fair enough. But it only covers the barrier: the fence, the gate and the climbable zones around them. It says nothing about the pool itself.
A cracked shell, a slow leak, a pump on its last legs, lifting coping or tired paving are all outside what a certifier checks. A standard building and pest inspection report often leaves the pool out too, so read the scope before you assume it’s covered. If the pool is a big part of what you’re paying for, a separate inspection by a pool specialist is money well spent.
Check the date as well. A compliance certificate is valid for 3 years, and a lot can change around a pool in that time. A new garden bed, a shed built against the fence, or a gate that has slowly stopped closing can all mean a pool that passed then would fail today. If you’re weighing up a few pool homes at once, our property inspections service is built for exactly this kind of side-by-side look.
Central Coast pools have a few quirks
The coast is hard on pool fences. Salt air works on hinges, springs and latches, so a gate that closed perfectly when it was certified can be sluggish a couple of years later. When we inspect, we open the gate from different angles and let it go. It should swing shut and latch on its own every time.
Sloping blocks are another one. In the hillier suburbs, pools often sit beside retaining walls, steps or raised garden beds, and any of those close to the barrier can give a child a foothold. Established homes with older pools and mature gardens also tend to have trees and shrubs that have crept into the area that’s meant to stay clear.
And don’t forget the smaller water. Portable and above-ground pools that can hold more than 300mm of water count as pools under NSW rules, and so do spas. If the vendor is leaving one behind, it comes with the same obligations.
Investors can’t rent it out until it complies
If you’re buying to rent, the 90-day window doesn’t help you much. A residential property with a non-compliant pool can’t be leased, so the barrier has to be fixed before a tenant moves in. Every week of repairs is a week without rent. Build that into your numbers and your timeline from the start.
Raise it before exchange, check it again before settlement
The order matters. Ask the selling agent for the pool certificate before you make an offer, so you know which kind you’re dealing with. Search the register. If there’s a non-compliance certificate, get a repair quote and negotiate with it in hand. If there’s a compliance certificate, check the date and have the pool itself looked at if it carries a lot of the value.
Then, at your final inspection before settlement, walk out to the pool. Run the pump. Test the gate. Make sure nothing has been pushed up against the fence since you last saw it. It’s a five-minute job, and it can stop you inheriting a problem you thought was someone else’s.
Common questions about buying a home with a pool in NSW
Can you sell a house with a non-compliant pool in NSW?
Yes. The vendor can attach a certificate of non-compliance to the contract instead of fixing the barrier. The buyer then has 90 days after settlement to make the barrier compliant, so the cost and the work move to you.
How long is a pool compliance certificate valid in NSW?
A certificate of compliance is valid for 3 years. If the one attached to the contract is close to expiring, or things around the pool have changed since it was issued, don’t treat it as proof the barrier would pass today.
How much does a pool certificate cost?
Fees differ between the council and private certifiers, so ask each for a quote. For a buyer, the bigger unknown is usually the cost of repairs if the pool fails. That’s why we suggest getting a trade quote for any listed defects before you make an offer.
Do I need a fence around my pool if my yard is fenced in?
Generally, yes. A boundary fence keeps the street out, but the pool barrier is there to stop a young child getting from the house or yard into the water. Some boundary fences can form part of a compliant barrier, but a fenced yard on its own is not the same thing.
How close can trees be to a pool fence in NSW?
The rules require a zone around the barrier to be kept clear of anything a child could use to climb, and trees and branches are a common reason pools fail. The certifier checks this on site. If you’re buying, look for overhanging branches and trunks close to the fence, because trimming or removing them becomes your job.
Can I rent out a house with a non-compliant pool?
No. A residential property with a non-compliant pool can’t be leased, so investors need the barrier fixed and certified before a tenant moves in. Repair time turns straight into lost rent.
Want a second set of eyes on a pool home?
Homes with pools are popular on the Central Coast, and they carry a few more risks than most. We’re a flat fee buyers agency working with homebuyers and investors across the region, and checking the pool, the paperwork and the price it should carry is part of how we assess any property. If you’ve found a place with a pool, or you’re hoping to, talk to us about our pre-purchase property inspections before you commit.
