Across NSW, there are tens of thousands of residential pools that are rarely or never used, old, unmaintained, chemically neglected or simply surplus to a family’s current needs. Many of these pools are quietly deteriorating in backyards throughout the Southern Highlands, their owners either unaware of the ongoing obligations or hoping to deal with them “someday.”
The law does not wait for “someday.” An unused pool in NSW carries the same compliance obligations as a regularly-used pool, and the risks it creates are, if anything, greater. This guide explains the hazards of unused pools, what council powers exist to address non-compliance, and why removal is often the only sustainable solution.
Quick Answer (BLUF)
An unused pool is still a regulated pool under NSW law. It must be fenced to AS 1926.1 standards, registered on the NSW Swimming Pools Register, and available for council inspection. An unfenced, underfenced or structurally failing pool that poses a drowning risk can result in an emergency council order requiring immediate rectification. Failure to comply with council orders can result in council carrying out the work and recovering costs from the owner. Drowning deaths have occurred in neglected private pools, the liability for owners is real.
Drowning Risk: The Primary Hazard
Drowning is the leading cause of accidental death in children under five in Australia. Most childhood drowning deaths in residential pools occur when a child gains unsupervised access, often within their own home or a neighbour’s yard, during a moment of distraction.
An unused pool is often more dangerous than an actively-used one because:
- Fencing maintenance is neglected. Active pool users notice when a fence latch is broken, when a gate doesn’t self-close, or when a panel has been damaged. The owner of an unused pool may go months without checking the fence’s condition.
- Pool condition deteriorates. Green water, collapsed pool surrounds, or a deteriorating pool shell can all create access or entrapment hazards.
- The pool may be drained. A partially drained pool with a hard concrete floor or walls creates fall-into-pool risk. A fully drained pool may have a slippery, algae-coated floor. A person falling into a drained pool may not be able to self-rescue.
- Children are attracted to water. A green, murky pool is visually intriguing to small children in ways that an adult might not anticipate.
The legal standard applies regardless of the pool’s condition or use status: if there is a body of water that constitutes a “swimming pool” under the Swimming Pools Act 1992, all obligations apply.
What Is Classified as a “Swimming Pool”?
The Swimming Pools Act 1992 (NSW) defines a swimming pool as “an excavation, structure or vessel that is capable of being filled with water to a depth of greater than 300mm and that is used, or is designed, manufactured or adapted for use, for swimming, wading, paddling or any other human aquatic activity.”
This definition applies whether the pool is currently filled or not, whether you use it or not, and whether it was used in the past. Even a pool that has been drained and is clearly not actively maintained meets this definition if the structure remains.
NSW Swimming Pools Register Requirements
All swimming pools in NSW must be registered on the NSW Swimming Pools Register (swimmingpoolregister.nsw.gov.au). This includes unused pools. Failure to register attracts a penalty of up to $2,200.
When you sell or lease a property with a pool, the pool must have:
- A current registration on the Register
- A valid certificate of compliance from an accredited certifier (not required for all sales, but strongly advisable)
- A signed acknowledgement from the purchaser/tenant of the pool owner’s obligations
Council Inspection Powers
Under the Swimming Pools Act 1992, councils have broad powers to inspect residential swimming pools. Wingecarribee Shire Council (WSC) like all NSW councils may:
- Inspect any pool that has been the subject of a complaint
- Require the owner to provide access for inspection
- Issue a notice requiring the owner to rectify any non-compliance identified
- Apply to the Land and Environment Court for an order requiring compliance if the owner fails to act
Councils also have specific powers where a pool poses an imminent safety risk, they may enter the property and take emergency action (including erecting temporary fencing or draining the pool) and recover the costs from the owner.
What Non-Compliance Looks Like
Council inspectors assess pools against Australian Standard AS 1926.1-2012 for residential barriers. Common non-compliance issues for neglected pools include:
Fence height. Pool barriers must be at least 1.2m high for pools installed after 1 August 1990. Some older pools may have lower fences that met standards at the time of installation but no longer comply following amendment.
Self-closing, self-latching gates. Gates must self-close from any open position and self-latch. Worn hinges, bent latches or corroded mechanisms are a common failure mode in older pool fences.
Climbable objects within 900mm of the fence. Trees, pot plants, outdoor furniture, garden equipment or other objects that could assist a child to climb the fence are not permitted within 900mm.
Non-climbable zone. The fence must be non-climbable on its pool side, and the space between any horizontal elements must not permit footholds.
Boundary fencing used as pool barrier. Properties that rely on boundary fencing as part of the pool barrier must ensure that boundary fencing meets pool barrier standards, including self-latching gates to the house and all access points.
Escalation: Orders and Enforcement
When WSC issues a notice of non-compliance, the owner has a specified time to rectify. If the owner fails to act:
- WSC may issue a penalty notice (fine)
- WSC may apply to the court for a rectification order
- WSC may carry out the work itself and issue a notice recovering costs from the owner as a debt
The cost of council-arranged fence installation or pool rectification is typically significantly higher than engaging a contractor directly, and you have no input into the solution chosen. Acting proactively when compliance issues are identified is always cheaper.
For an unused pool that is essentially beyond repair, the most cost-effective response to a compliance notice is often pool removal, eliminating the compliance obligation entirely rather than spending money on fence upgrades for a pool you’ll never use.
The Insurance Dimension
Home insurance policies typically exclude liability for pools that are not maintained to relevant standards. If a child drowns or is injured in a non-compliant pool, an insurer may deny a public liability claim on the grounds that the non-compliance contributed to the incident. This is a serious financial exposure for homeowners with neglected pools.
Our pool removal and home insurance guide covers how insurance changes when a pool is removed.
FAQs
My pool has been empty for years, do the compliance rules still apply?
Yes. A drained but structurally intact pool meets the definition of a swimming pool under the Swimming Pools Act because it is capable of being filled to the relevant depth. All compliance obligations apply. In some respects a drained pool is more dangerous, a child falling onto a concrete pool floor can be injured in ways that drowning would not occur.
I’ve blocked off pool access, does that satisfy the compliance requirement?
Not if the blocking is informal (moving a pot plant in front of the gate, chaining the gate shut). The pool barrier must comply with AS 1926.1 specifications, a self-closing, self-latching gate is a legal requirement, not a recommendation. Improvised solutions will not satisfy an inspector.
Can I get a council compliance order lifted by starting the pool removal process?
If you’re actively progressing a council-approved removal (approval lodged, contractor engaged), WSC may exercise discretion about immediate enforcement. Contact WSC’s pool compliance team directly and explain the situation, having a lodged application and a scheduled start date demonstrates good faith. However, don’t assume this will automatically pause enforcement action: confirm in writing.
If I remove the pool, do I need to notify the NSW Swimming Pools Register?
Yes. Once a pool is removed, you should update the Register to reflect the deregistration. Your certifier will confirm this as part of the post-removal documentation. Leaving a removed pool on the Register creates administrative confusion and may complicate future sales.