Swimming pools in public housing properties
Last published 20 Dec 2017
A swimming pool is described as an excavation, structure or vessel:
- which can be filled with water to a depth of more than 300 millimetres (30 centimetres)
- that is used for swimming, wading, paddling etc and includes inflatable or portable pools and spa pools.
All pools in NSW must comply with swimming pool legislation and local council regulations.
All pools must be registered. You can do this online at NSW Swimming Pool Register or council can do it for you for a $10.00 fee.
If you do not register your pool, the local council may fine you.
Can a public housing tenant install a swimming pool?
Tenants can apply to install a permanent above-ground pool, or an inflatable or portable pool in their backyard.
FACS will not approve an in-ground swimming pool, or the installation of any type of pool in a common area.
What do I need to do to install a permanent aboveground pool?
You need to write to your local FACS office to request approval to install a pool. We will then inspect the property to check for any impacts to the property and your neighbours.
If we have no objection you will then need to seek council approval for the proposed work. FACS will write to you with further instructions.
Once council approves the pool, they will issue a Development Consent and Construction certificate which will set out other conditions that need to be met, such as compulsory child resistant fencing.
You will then need to provide a copy of the Development Consent and Construction Certificate to FACS and we will issue you with a letter approving the installation of the pool.
Once you have installed the pool, you will need to provide a copy of the registration certificate and compliance/occupation certificate to FACS.
What do you need to do to install an inflatable or portable pool?
You need to write to your local FACS office to advise us that you will be installing the pool.
We will ask you to provide a registration certificate to your local FACS office. We will then issue you with a letter to confirm your responsibilities as a pool owner.
What are my responsibilities as a pool owner?
Tenants who have approval to install and use a pool are responsible for:
- making sure the pool is compliant with swimming pool legislation and local council regulations such as installing a safety fence
- making sure the pool is registered
- the ongoing maintenance and costs of the pool, safety fences, signage, drainage, inspections and fines
- compliance with any local water authority water restrictions
- the cost of removing the pool, safety fences and drains upon vacating the property, as well as restoring the property to its original condition.
What if I already have a pool?
If you already have an inflatable or portable pool you must notify FACS immediately and provide a copy of the registration certificate.
If you already have an in-ground or permanent above ground pool on your property, it must be approved by FACS and your local council.
If we have not approved the pool, please contact your local FACS office immediately, as you are in breach of the terms of your Tenancy Agreement and the Swimming Pools Act 1992.
If the breach is not addressed, we may commence action against your tenancy in the NSW Civil and Administrative Tribunal (NCAT).
Can a tenant of the Aboriginal Housing Office install a swimming pool?
All of the same conditions apply for tenants of the Aboriginal Housing Office.
Keep watch and keep kids safe.