Failed pool inspection in NSW: what happens next

Published 22 October 2026

What a certificate of non-compliance is

Under the Swimming Pools Regulation 2018 (clause 21), when your council or a registered certifier inspects your pool at your request and isn't satisfied it complies, they must issue you a certificate of non-compliance. It records the pool's address, the inspection date and whether they think the pool poses a significant risk to public safety.

A registered certifier must also give you a written notice under section 22E of the Swimming Pools Act 1992. It sets out why the pool doesn't comply and the steps needed to fix it. That list is what you take to a fencing contractor. Councils give the same kind of notice under clause 20 of the Regulation.

The result goes on the NSW Swimming Pool Register. The NSW Government's register user guide says anyone can search a property address to see "whether a registration certificate, certificate of compliance or a certificate of non-compliance has been issued for that property". A buyer can see it too.

Certificate of non-compliance rules in NSW

Source: Swimming Pools Regulation 2018 (NSW), clauses 18 and 21, current version, checked 23 October 2026.

The 6 weeks: when the certifier tells your council

Section 22E of the Act says the certifier's notice must warn you that a copy will go to your council:

• Immediately, if the certifier thinks the pool poses a significant risk to public safety
• 6 weeks after the inspection date, if a certificate of compliance hasn't been issued by then. The certifier then has 5 days to send it.

If the pool has a valid certificate of compliance by the time the copy is due, the certifier doesn't send it. So the 6 weeks is your window to fix the defects and pass a re-inspection before the council hears about it.

The Act uses the 6 weeks to set when the certifier sends the copy, not as a deadline for you. The barrier still has to comply in the meantime, and once the council has the notice it can follow it up. Hornsby Shire Council puts it plainly: although the certificate of non-compliance lasts 12 months, "the pool cannot remain unsafe for this length of time".

What the council can do after a failed inspection

Section 23 of the Act lets the council give the owner a written direction to make the pool comply within a reasonable time. Before it does, the council must give at least 14 days' notice that it intends to, unless it thinks someone's safety is at risk. A direction has to give reasons and say that you can appeal to the Land and Environment Court, within 28 days.

If a direction isn't followed, the council can have the work done and recover the cost from the owner (section 23A). Failing to comply with a direction is an offence, and the Regulation sets the penalty notice at $550. The same amount applies to a barrier that doesn't comply or isn't kept in good repair. The pool fence fines guide lists every amount.

Selling with a certificate of non-compliance: the 90 days

A failed inspection doesn't stop a sale. The contract can include the certificate of non-compliance instead of a certificate of compliance. The NSW Government's guide for owners says the buyer "will have 90 days from settlement to rectify defects listed in the certificate of non-compliance". In the Regulation (clause 22), the barrier's condition at settlement is accepted until 90 days after settlement, or until the work is finished if that's sooner.

That doesn't apply if the certificate says the pool is a significant risk to public safety. The selling or leasing guide covers what the contract needs.

Leasing after a failed inspection

A certificate of non-compliance can't be used to rent out a property: clause 21 says it isn't valid while a residential tenancy agreement is in place. A landlord has to fix the defects and give the tenant a certificate of compliance, or an occupation certificate issued in the last 3 years, before the tenancy starts. The rule doesn't apply to a lot in a strata or community scheme of more than 2 lots.

How to fix the defects and book the re-inspection

1. Read the certifier's list. Each item says what's wrong and what needs to change.
2. Do the simple items yourself: move pot plants, chairs and barbecues out of the non-climbable zone, cut back plants and replace a faded CPR sign.
3. Get fence and gate work quoted. Send the contractor the list, photos and your deadline. Work over $5,000 including GST needs a licensed contractor.
4. Keep the pool area closed off. Gates must be kept securely closed whenever they're not in use.
5. Book the re-inspection, ideally inside the 6 weeks, and ask what it costs when you book.

Pool re-inspection fees in Sydney

Clause 19 of the Swimming Pools Regulation 2018 caps a council's fee at $150 for the first inspection and $100 for "any or all subsequent inspections". Councils apply that differently: Blacktown charges one $100 fee for all re-inspections, Waverley charges $100 for each, and Northern Beaches includes one re-inspection in its $250 application and charges $100 for each inspection after that. Private certifiers set their own prices; GST is shown as each publishes it. Council fees checked 22 October 2026, certifier prices 16 October 2026.

The pool fence repair cost guide has published prices for gate, fence and glass repairs.

Common questions