Swimming Pool Registration, Installation and Legislation


Swimming Pool Certification – New Laws

The Register is managed by the NSW Government and not Council.


Key Links

THE NSW Government Swimming Pools Register



Swimming pool owners are required to:

  • Register their swimming pools on the online swimming pool register provided by the NSW State Government.
  • There is a penalty for owners who fail to register a swimming pool (penalty notice amount of $220).
  • Self-assess, and state in the register that, to the best of their knowledge, their swimming pool complies with the applicable standard when registering their pool.


The Register

Pool owners are now required to self-register free-of-charge on a State-wide, online register of swimming pools and certify that their pool barrier complies with the regulations.



Swimming Pool Installation

What are the requirements for the installation of a new swimming pool?

Written Council approval is required for the installation of an above ground or inground swimming pool. Therefore residents are required to submit a Development Application form, Construction Certificate, or a Complying Development Certificate and get approval from Council prior to any works commencing.  Click here to go to application and registration forms.

Where can I build a swimming pool?

All applications for swimming pools will be considered on their merits, having regard to the siting, design and size of the proposed structure. A swimming pool should be located a minimum of one metre from the side boundary. In exceptional circumstances Council may approve a lesser distance. Council will also take into consideration
the possible effect on the natural lighting and/or ventilation of the applicant’s property or adjoining properties. Consideration may be given to a proposal to construct a swimming pool in front of a home subject to there being no adverse impact on the adjoining properties or the streetscape.

Pool Fencing Requirements

All new swimming pools (both inground and aboveground) are required to be isolated by a swimming pool fence, which complies with the requirements of the Swimming Pools Act, 1992. Council may consider a variation to fencing if there are exceptional site circumstances/conditions, which restrict a new swimming pool to be completely fenced. Any variations to swimming pool fencing are assessed at the discretion of the Manager. However, Council will not consider a variation to a swimming pool fence if there is a door from a dwelling allowing access to the new swimming pool area.

For more information please refer to the  Pool Fences Fact Sheet - 125 KB and Fencing Standards for Private Pools (363.04kB)

What if filling is required?

Filling associated with the construction of a new swimming pool should be kept to a minimum, however any filling that may be required as a result of site levels will be assessed on the merits of the Development Application. In this regard Council, when assessing an application where fill has been nominated, will consider the potential loss of amenity to neighbouring properties.


As with any proposed development, consideration to landscaping to soften the proposed and suggested development is often recommended. In relation to new swimming pools, consideration to landscape screening between the pool and boundaries may assist to minimise noise and increase privacy to neighbouring properties.


Fees for all development within The Hills Shire are calculated on a sliding scale dependent on the cost of the work.


Adjoining neighbours may be notified in writing of any proposed development where there is a potential or likelihood to impact on the amenity of the surrounding neighbours. Council is required to allow a period of 14 days to receive any written submission by neighbours. If a written submission is received, Council’s officer will assess the concerns raised and try to mediate the concerns to achieve a win/win situation for all parties.

What details are required?

  • A site plan nominating the proposed location of the swimming pool in relation to existing site structures and boundaries.
  • Extent of cut and fill.
  • Out of ground levels with a relative datum reference point.
  • Location of fi ltration equipment.
  • Structural engineer’s details are also required to accompany the application.


Further Information

For further information on swimming pools, contact Council’s Duty Building Surveyor on +61 2 9843 0470 or e-mail: council@thehills.nsw.gov.au or through the online customer e-request system.



Related Pages  

Swimming Pool and Spa Safety

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