Certificate of Compliance (Form 126)

Owning a pool or spa in New South Wales comes with responsibilities, and one of the most important is making sure your pool barrier complies with state safety regulations. This is where the Certificate of Compliance, officially referred to as Form 126, becomes essential.

Whether you’re preparing to sell or lease a property, or you simply want to ensure your home is safe and legally compliant, knowing when and why this certificate is required, and how to get one, can save you time, money, and potential legal complications.

In this article, we’ll walk you through the purpose of Form 126, the legislation it relates to, how the certification process works, and what to expect during an inspection.

What is Form 126?

Form 126 is the official Certificate of Compliance issued under the Swimming Pools Act 1992 (NSW) and Swimming Pools Regulation 2018. It confirms that your pool or spa barrier has been inspected by a qualified certifier and complies with all applicable safety standards, most importantly, Australian Standard AS1926.1–2012.

Once issued, the certificate can be registered with the NSW Swimming Pool Register and is valid for three years unless significant changes are made to the barrier or the property.

When Is a Certificate of Compliance Required?

A Form 126 certificate is not optional in many cases. You are required by law to obtain it when:

• Selling a property with a pool or spa: A current certificate must be attached to the contract of sale, or a Form 24 (Notice of Non-Compliance) must be included instead.
• Leasing or renewing a tenancy: Landlords must ensure a valid compliance certificate is in place before a new tenant moves in.
• Responding to council requests: Local councils conduct pool audits and may issue notices requiring property owners to obtain certification.
• Seeking peace of mind: Even outside legal obligations, many homeowners request inspections to avoid future issues and ensure the safety of children and visitors.

Without a current certificate, you may face delays in settlement, non-compliance fines, or worse, liability in the event of a pool-related injury.

What Legislation Does It Relate To?

The Certificate of Compliance is governed by:

• Swimming Pools Act 1992 (NSW)
• Swimming Pools Regulation 2018
• Australian Standard AS1926.1–2012

These laws define the technical specifications and safety requirements for pool barriers, including fence heights, gate operation, latch positions, non-climbable zones (NCZs), and signage requirements.

These standards are in place to help prevent childhood drowning and serious injury, and councils have the authority to enforce compliance.

What Does the Inspection Involve?

A Form 126 is only issued after a full onsite inspection by a licensed E1 certifier or authorised council inspector. The assessment covers:

• Fence height and spacing: Minimum 1200mm, with gaps no greater than 100mm
• Gate function: Must self-close and self-latch from any open position
• Latch location: Latch must be at least 1500mm above ground or protected if lower
• Non-Climbable Zones (NCZs): Areas within 900mm of the inside and outside of the barrier must be clear of climbable objects, trees, pots, benches, or decorative features
• CPR signage: Must be clearly visible from the pool area, weather-resistant, and follow specific wording and layout
• Boundary barriers: If using a shared fence, it must comply with strict boundary barrier regulations

The NSW pool inspector will walk through the pool area thoroughly, often using tools to measure gaps and test gate closure. If any aspect is non-compliant, the inspector will not issue the certificate until the necessary changes are made.

What Happens if My Pool Fails the Inspection?

If your pool barrier doesn’t meet compliance standards, the certifier will issue a Form 24 (Notice of Non-Compliance) instead of Form 126. This document outlines the reasons your pool failed and includes a list of rectification works needed.

You will then have a set time period, usually six weeks, to correct the issues before a follow-up inspection. Once the changes are made and verified, the Form 126 certificate can be issued.

Common reasons pools fail include:

• Gates not self-closing or self-latching
• Inadequate fence height or large gaps
• Climbable objects (like BBQs or outdoor furniture) within the NCZ
• Missing or damaged CPR signage
• Trees, branches, or shrubs growing into the NCZ over time

Fixing these issues promptly, either DIY or with the help of a tradesperson, will help you pass the second inspection without delay.

Who Can Issue a Certificate of Compliance?

Form 126 can only be issued by:

• A licensed E1 pool safety certifier registered with NSW Fair Trading
• Your local council, who may conduct inspections upon request or during audits

It’s essential to choose a qualified professional who understands both the legislation and the Australian Standard AS1926.1–2012. At Pool Certification Help, our inspectors are fully licensed and experienced in certifying pools across Sydney, the Central Coast, Campbelltown, and other parts of NSW.

How Long Is the Certificate Valid

The Certificate of Compliance (Form 126) is valid for three years from the date of issue, provided the barrier remains unchanged and compliant.

If you make structural changes to your fence or gate, or if your property is subject to a council audit or complaint, you may be required to undergo another inspection and obtain a new certificate.

How Much Does a Certificate of Compliance Cos

The cost can vary, but in general:

• Initial inspections range from $200 to $250
• Re-inspections (if needed) typically cost $100 to $150

At Pool Certification Help, we offer fixed-rate pricing with no hidden fees. Our inspections are thorough, and we provide practical guidance to help you pass the first time.

FAQs – Certificate of Compliance (Form 126)

Is Form 126 mandatory for every pool in NSW?

No, not every pool needs active certification at all times, but it’s mandatory when selling, leasing, or responding to council orders. Even if not required, having the certificate shows you’re meeting your safety responsibilities.

How long does it take to receive the certificate?

If your pool passes the inspection, the certificate is usually issued within 24–48 hours. Digital copies are often provided first, followed by the registered version on the NSW Pool Register.

Can I inspect my pool myself and submit a certificate?

No. Only licensed pool certifiers or councils can issue a valid Form 126. Self-assessment tools are useful, but they do not replace a formal inspection.

Do I need to register my pool before booking an inspection?

Yes. All pools and spas must be registered on the NSW Swimming Pool Register before certification. It’s free to register and can be done online.

What if my property is part of a strata or shared complex?

Strata and body corporate properties must also comply. Inspections may apply to the communal pool area, and the owners corporation is typically responsible for organising certification.