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Selling a house with a pool in NSW: what has to be in the contract

You can sell with a compliant pool, a non-compliant pool, or somewhere in between. Here is what NSW law requires you to attach to the contract of sale, and the 90-day rule for buyers.

Last reviewed July 2026. Pool rules change and vary by council, so confirm the current requirement with your state authority before you act.

Selling a home with a pool in New South Wales adds a few steps, but it rarely stops a sale. The key is having the right paperwork attached to the contract of sale before it goes out.

What must be attached

Under the Swimming Pools Act 1992, a contract for the sale of a property with a pool or spa must include either a valid certificate of compliance, a certificate of non-compliance, or a relevant occupation certificate, plus evidence that the pool is registered on the NSW Swimming Pool Register. Missing these can give a buyer grounds to rescind, so most agents will not exchange without them.

You can sell a non-compliant pool

If the pool does not pass, you do not have to fix it before selling. You can attach a certificate of non-compliance instead, which lists the defects. Once the property sells, the obligation to rectify passes to the buyer, who then has 90 days from settlement to fix the listed defects and obtain a certificate of compliance.

The one exception

There is a hard limit. If the pool is considered a risk to public safety, you cannot sell until that risk is fixed, and a certificate of non-compliance will not cover it. This is why organising an inspection early matters: it tells you whether you are looking at a quick fix or a stop-sale problem well before you exchange. Source: NSW Government, owner obligations and selling or leasing a property with a pool.

This is general information, not legal advice. The authorities are NSW Fair Trading and the NSW Swimming Pool Register in New South Wales, and the Queensland Building and Construction Commission (QBCC) in Queensland. Always confirm the current rule for the state your pool is in.