Pools in townhouse schemes are less common than in apartment complexes — but where they exist, the rules are clear. A pool on common property is the owners corporation's responsibility, including pool safety compliance. Pool issues are usually high-stakes (safety, certification, insurance) and need careful handling.
Typical position
Usually OC
- The pool shell, plant and equipment
- Pool surround and tiling
- Pool fencing and gates (keeping them compliant)
- Required pool safety signage
- Pool compliance certificate (where required)
- Pool inspections and routine maintenance
- Pump, filter, chlorinator
- Pool water and chemical balance
- Pool cleaning contractor
Usually owner
- An individual lot pool shown inside the lot on the strata plan (rare)
- Owner's own equipment brought to the pool
- Damage caused by an owner or their visitors
Often grey
- Pool houses, pavilions or pergolas added later
- Aesthetic upgrades vs essential repairs
- Pool covers and solar pool heating
⚠ Pools are uncommon in townhouse schemes
Most NSW townhouse strata schemes — particularly small ones (2-22 lots) — don't have a pool at all. They tend to be more common in larger townhouse developments and almost universal in apartment complexes.
If your scheme does have a pool, it's almost always common property — used by all owners, maintained by the OC. The strata plan will confirm.
The big issues
Pool compliance certificates
NSW pool safety rules include inspection and certification requirements. Check the current requirements for your scheme with your council or a pool certifier — we can arrange this. The OC commissions the inspection and addresses any non-compliance items. Keeping certification current is a basic safety obligation.
Pool fencing
Pool fencing must meet NSW pool safety requirements. Common compliance issues include:
- Gates that don't self-close or self-latch
- Gaps under or between fence panels
- Climbable objects (planters, chairs, BBQ trolleys) within the non-climbable zone
- Damage to the fence from weather, vandalism or wear
The OC is responsible for keeping the fencing compliant. Owners who park or store items inside the non-climbable zone can compromise compliance — and the OC may need to enforce this.
Pool plant and equipment
The pump, filter, chlorinator, heater and lighting all sit with the OC. Replacement is a capital expense and should be in the 10-year capital works plan. Pool plant has a limited life, depending on use and water chemistry.
Safety signage
Pools need the required safety signage, kept current and visible — your pool certifier will tell you what's needed. Signs are inexpensive to replace and easy to forget.
Pool rules and by-laws
Most schemes with pools have by-laws covering use — hours, glassware, supervision of children, guests. These should be enforced consistently. A by-law must not be harsh, unconscionable or oppressive (s139).
Drowning risk and insurance
Pools are the single biggest insurance risk a small scheme can carry. Make sure:
- The strata insurance policy specifically covers the pool
- Compliance certificates are current
- The fencing is checked regularly, not just before the formal inspection
- Any incidents are reported to the insurer immediately
Compliance is non-negotiable
A pool that's out of compliance is a liability the OC carries every single day. If a serious incident occurs and compliance hadn't been maintained, the OC's exposure is enormous — and may not be fully covered by insurance. This is one area where "we'll get to it" is not an acceptable answer.
Sources
Strata Schemes Development Act 2015 (NSW), s4 (definition of common property) and s6 (lot boundaries).
Strata Schemes Management Act 2015 (NSW), s106 (duty to repair common property), s139 (by-laws must not be harsh, unconscionable or oppressive).
The owners corporation's duty to repair common property is strict (s106; Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157).
Your local council or a pool certifier — current NSW pool safety requirements.
NSW Fair Trading — Strata living and dispute resolution guidance.