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 compliance with the Swimming Pools Act 1992. 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 (compliance with AS 1926)
- CPR sign and resuscitation chart
- Three-yearly pool compliance certificate
- 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 law requires strata schemes with pools to have a current pool compliance certificate from an accredited inspector. For strata schemes, the certificate is valid for three years. The OC commissions the inspection and addresses any non-compliance items before the certificate is issued. If the certificate lapses, the OC is at risk of penalties and significantly increased liability if anything goes wrong.
Pool fencing
Pool fencing must comply with Australian Standard AS 1926.1. 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 typically has a 7-15 year life depending on use and chemistry balance.
CPR sign
Every pool must have a current, visible CPR sign matching the latest standard. The OC keeps it current. They're 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. Cooper case principles apply (see Air conditioning): rules must be reasonable, not harsh or oppressive.
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 under the Swimming Pools Act 1992 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
Swimming Pools Act 1992 (NSW) — registration, fencing, compliance certificates.
Swimming Pools Regulation 2018 (NSW) — three-year certificate validity for strata schemes.
Australian Standard AS 1926.1 — Swimming pool safety: Safety barriers for swimming pools.
Strata Schemes Management Act 2015 (NSW), s4 (common property), s106 (strict duty), s139 (by-laws not to be harsh or oppressive).
Cooper v The Owners — Strata Plan No 58068 [2020] NSWCA 250 — limits on by-law restrictions.