Pool fence compliance certificates are one of the more confusing elements of pool ownership and removal in NSW. Homeowners often aren’t sure: does the compliance certificate expire when the pool is removed? Do they need to formally notify anyone? Can the pool fence be removed immediately? And what happens to the record on the NSW Swimming Pools Register?
This guide answers all of these questions specifically for the Southern Highlands context, where Wingecarribee Shire Council (WSC) is the relevant local authority.
Quick Answer (BLUF)
When a pool is removed, the existing pool fence compliance certificate becomes irrelevant, there is no longer a pool to be fenced. You can remove the pool fencing once the pool is gone and the area is filled and safe. You must update the NSW Swimming Pools Register to reflect the removal. Your certifier will issue a Compliance Certificate confirming the pool has been removed, which effectively supersedes and replaces the old pool fence compliance documentation. Keep all documentation.
What Is a Pool Fence Compliance Certificate?
Under the Swimming Pools Act 1992 (NSW), a certificate of compliance is issued by an accredited certifier (or council) confirming that a pool’s barrier meets the requirements of Australian Standard AS 1926.1. The certificate is:
- Valid for three years from the date of issue
- Required when selling or leasing a property with a pool
- Available on the NSW Swimming Pools Register
The certificate applies to the pool barrier at a specific point in time. It does not guarantee ongoing compliance, the pool owner is responsible for maintaining compliance between inspections.
What Happens to the Certificate When the Pool Is Removed?
When the pool is removed:
The certificate ceases to be relevant. There is no longer a pool for the certificate to apply to. The certificate doesn’t need to be “cancelled” or formally surrendered, it simply no longer describes anything that exists.
The NSW Swimming Pools Register record must be updated. This is the important administrative step. The Swimming Pools Register is a public register maintained by the NSW Government. After pool removal:
- Log in to the NSW Swimming Pools Register at swimmingpoolregister.nsw.gov.au
- Find your property’s registration
- Update the status to reflect that the pool has been removed (the portal allows you to mark a pool as removed/filled)
Failure to update the register creates administrative complications at future sales, a Section 10.7 planning certificate issued to a buyer’s solicitor will show the pool as active if the register isn’t updated.
When Can Pool Fencing Be Removed?
Pool fencing can be removed once:
- The pool removal is complete (the pool shell is gone and the area is filled)
- The pool area no longer constitutes a “swimming pool” under the Swimming Pools Act definition (i.e., there is no longer a structure capable of holding water to a depth of more than 300mm)
- The CDC or DA compliance sign-off is obtained from your certifier
In practical terms: once the pool is completely demolished and the excavation is backfilled to natural ground level, the pool fencing is no longer legally required and can be removed. The fencing is typically removed during the pool removal process itself, contractors remove pool fencing as part of site preparation before demolition.
Important exception for partial fill-ins. If the pool is being partially filled rather than fully removed, the question of whether fencing is still required is more nuanced. A pool that has been partially filled but retains its shell may still meet the definition of a swimming pool if it could be re-filled to a dangerous depth. Your certifier will advise on whether fencing must be maintained after a partial fill-in.
The Certifier’s Compliance Certificate After Removal
When pool removal is complete, your certifier issues a Compliance Certificate (or similar completion document) confirming:
- The work was carried out in accordance with the CDC or DA approval
- The pool has been removed
- The site has been restored appropriately
This document is different from the old pool fence compliance certificate. It is:
- A record of the completed removal work, not the pool’s fencing standard
- Relevant for council records, future property transactions and your own records
- Evidence that the pool has been legally removed (not just abandoned or informally filled)
Keep this document with your property records. When you sell the property, provide a copy to your solicitor and, through them, to the purchaser’s solicitor. It forms part of the due diligence documentation for the sale.
Notifying Wingecarribee Shire Council
WSC’s pool compliance records will be updated when the certifier submits the completion documentation via the NSW Planning Portal. You don’t need to separately notify WSC’s pool compliance team if the removal was approved and completed through the proper certification process.
However, if you’re concerned about the status of records, calling WSC’s development enquiry line or pool compliance team to confirm the property records reflect the removal is worthwhile. In a small number of cases, the register may not update automatically if the certifier’s documentation wasn’t submitted correctly.
After the Pool and Fence Are Gone: What’s Left?
Once the pool is removed, the fencing is gone, and the register is updated:
- No ongoing pool compliance obligations (no annual inspections, no re-certification requirements)
- No pool-related liability exposure
- No pool fencing to maintain, repair or inspect
- The area is ordinary garden space with no special regulatory status
The old pool equipment (pump, filter, chlorinator) is gone. The power supply to the equipment is disconnected at the switchboard. Any remaining buried plumbing is capped and inert.
The simplification of your property’s regulatory footprint is one of the often-overlooked benefits of pool removal, particularly for weekend property owners who managed pool compliance from a distance.
FAQs
Do I need a new fence inspection after the pool is removed?
No. The pool fence compliance regime only applies to pools. Once the pool is removed, there is no pool, and the compliance certificate framework no longer applies to your property.
Can I use the old pool fencing as regular garden or boundary fencing?
Yes, if it meets the requirements for boundary fencing and is in reasonable condition. Aluminium tubular pool fencing is commonly repurposed as garden or side boundary fencing. If the fencing was professionally installed and is structurally sound, there’s no reason it can’t be reused. Just confirm that it no longer forms a “pool barrier” in legal terms (which it won’t, once the pool is gone).
I sold the property and the buyer asked for a current pool compliance certificate. What do I provide?
If the pool has been removed, you provide the certifier’s Compliance Certificate for the pool removal (confirming the pool has been removed), and evidence that the NSW Swimming Pools Register has been updated to reflect the removal. Explain to your solicitor that there is no pool and therefore no pool fence compliance certificate, the removal documentation is the relevant document.
What if I had a pool fence compliance certificate that was about to expire when I decided to remove the pool?
If you’re committed to pool removal, there is no benefit in renewing the fence compliance certificate before removal. Simply proceed with the removal, get the proper approvals, and update the register post-completion. Don’t spend $300-$500 on a compliance certificate that will be irrelevant in a few weeks.