Private swimming pools

A swimming pool on your property or backyard can provide a great source of fun and relaxation, however can also cause danger. It's important to be aware of the relevant guidelines and requirements with regard to swimming pools. 

Council notification and approval 

All swimming pools, including inflatable pools and spas, that are capable of holding 300mm of water or more are required to adhere to the Swimming Pools Act 1992. When installing a swimming pool you may need to submit either a Development or Complying Development Application before construction of the pool can commence.

In line with the Public Health Act 2010 and Public Health Regulation 2012, Council is required to be notified of and keep a register of all private swimming pools in the local government area.

Development Application

When installing a swimming pool you may need to submit either a Development or Complying Development Application.

To submit a Complying Development Application, the intended structure must meet the following criteria:

  1. Located behind the front building line and/or in the rear yard and at least 1m from side and rear boundaries
  2. Any decking must be no more than 600mm above the existing ground level
  3. Any coping or paving around the pool must not be more than 1.4m above the existing ground level, or 300mm wide if the coping is more than 600mm above the existing ground level
  4. Water must be discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main. 

To find out more about the process, visit Development Applications or the NSW Planning Portal.

Notifying Council

Council is required to be notified of and keep a register of all private swimming pools in the local government area. Complete the online form to register your pool. 

Public Swimming Pool/Spa Notification Form

Alternatively, visit one of our Customer Service Centres and we'll help you complete the form. 

Mudgee 86 Market St
Gulgong 109 Herbert St
Rylstone 77 Louee St

BASIX Certificate

When submitting an application for the installation of a new swimming pool, if the pool will have a capacity of 40,000L or more you will need to submit a BASIX Certificate with your application. This certificate relates to energy and water efficiency and can be obtained online at

Certificate of Compliance

If you live on a property that already has a swimming pool and you are unsure as to whether the pool has approval, you can find out by contacting Council.

If the pool does not meet approval requirements you can apply for a Certificate of Compliance.  


In line with the act, Council may also conduct inspections of private swimming pools for the reasons listed below to ensure safety and compliance:

  • Compulsory inspections due to the property type (multi-occupancy or tourist and visitor accommodation)
  • As part of Council's adopted inspection program
  • At your request (for example, prior to the sale or lease of your property, or shortly after purchase)

Please note: Fees and charges apply for inspections.

Requirements of swimming pools

Private swimming pools must meet certain requirements with regard to signage, fencing, and gates to ensure safety. 


A warning sign (that can be purchased from your local hardware or swimming pool supplier) is required to be visible in the immediate vicinity of the swimming pool, outlining Cardiopulmonary Resuscitation and showing the following statements:



The fence (or child-restraint barrier) must be a permanent structure and a child-restraint barrier that meets Australian Standard 1926.1 - 2012 Swimming Pool Safety-Safety Barriers for Swimming Pools is required to surround the pool, separating it from any residential building either on the premises itself or from any place adjoining the premises.

The child resistant barrier must meet the following guidelines:

  • Be of a height not less than 1200mm
  • Have a gap of no larger than 100mm between the bottom of the barrier and the finished ground level
  • Be free of any sharp edges, projections, entrapping spaces or similar hazards
  • Have a non-climbable zone (NCZ) of at least 900mm
  • Contain gaps no greater than 100mm between vertical members (such as palings or rods) at any point 


Pool gates should meet the following requirements:

  • Shall open outwards only (i.e. away from the pool area) and when closed shall have a gap no wider than 10mm between the gate and fence
  • Be fitted with a self-closing device that will effectively close and lock the latching device from any stationary position without the aid of manual force
  • Have a latching device at a minimum height of 1500mm that will lock upon closing of the gate and not reopen without it being manually released