Pools or spas at rental properties

If you own a rental property that has a pool or spa you must have a compliance certificate or acknowledgement notice for the pool safety barrier in your name before you rent out your property. 

This applies to residential properties, smaller than 1.8 hectares, including units and townhouses.

Pools built after 1 January 2003

The property owner must have a compliance certificate for the pool safety barrier issued in their name if the pool was built after 1 January 2003. 

Read pool fencing and spa barrier safety standards for information on pools built after 1 January 2003, including how to apply and how to get a certificate reissued in the current owner's name. 

Pools built before 1 January 2003

The property owner must have a compliance certificate or an acknowledgement notice for the pool safety barrier if the pool or spa was built before 1 January 2003. The type of certification required depends on whether the property has previously been sold, transferred and leased what standard the pool safety barrier has been installed.

Read pool fencing and spa barrier safety standards for information on pools built before 1 January 2003, including how to apply or how to have the compliance certificate or acknowledgement notice issued in the current owners name. 

Owner responsibilities

As the owner of a rental property you are responsible for: 

  • making sure your pool safety barrier complies with the rules
  • making sure your pool safety barrier meets all the conditions included on the compliance certificate or acknowledgement notice including ongoing maintenance and upkeep 
  • and responding promptly to requests for any repairs from your tenants. 

Tenant responsibilities

Tenants must report any maintenance and safety issues to the property manager or property owner as soon as possible.
These include:

  • gates and doors that are part of the pool safety barrier that do not self-close and self-latch
  • loose poles or posts
  • damaged fence panels or gaps larger than 10cm between the ground and the pool safety barrier.

Tenants are also responsible for all of the following:

  • that gates or child resistant door sets in the pool safety barrier are never propped open
  • there are no climbable objects located within 1.2m of the outside of the pool safety barrier when measured from the top of the barrier
  • there are no climbable items within 30cm of the inside of the pool safety barrier, such as tables, chairs or pot plants
  • doors or gates are maintained and cleaned regularly to ensure they self-close and self-latch at all times.

If you install a portable pool or spa, including a blow up or inflatable pool, that can hold 30cm or more of water, the owner must have a pool safety barrier.

Contacts

For more information contact the Pool Fencing Unit

Last updated: 13 November 2017