Pool Approvals Guide
Swimming Pool Approvals in NSW
All inground swimming pools in NSW require approval before construction. This guide explains your options — and why CDC is the recommended pathway for most Greater Sydney homeowners.
Your Options
CDC vs Development Application (DA)
There are two main pathways to get your pool approved in NSW. For most Greater Sydney homeowners, CDC is the clear winner.
Complying Development Certificate (CDC)
Processed by a private certifier
10–20 days from lodgement to approval
Development Application (DA)
Processed by your local council
3–6 months from lodgement to approval
CDC Eligibility
Does Your Pool Qualify for CDC?
Under Clause 3.28 of the NSW Housing Code (Codes SEPP), a swimming pool can be approved as complying development if it meets all of the following requirements. Most standard fibreglass pool installations in Greater Sydney will meet these criteria.
Set back at least 1 metre from all side and rear boundaries
Note: Measured from the pool edge, not the coping
Located behind the building line (not in the front yard)
Note: The building line is the front face of the main dwelling
Not located in a heritage conservation area or on a heritage item
Note: Check your LEP or contact council if unsure
Not located in a flood planning area (or complies with flood provisions)
Note: Check NSW Flood Planning Portal
Not located in a bush fire prone area (or complies with BAL provisions)
Note: Check NSW Rural Fire Service website
Total site coverage does not exceed the maximum permitted
Note: Pool counts towards site coverage in most LEPs
Compliant pool fencing installed before use (AS1926.1-2012)
Note: Minimum 1.2m height, self-closing/latching gate
Pool registered on the NSW Swimming Pool Register
Note: Required within 60 days of installation
Important Disclaimer
This checklist is a general guide only. CDC eligibility depends on your specific property, its zoning, and any overlays that apply. Always consult a licensed private certifier or your pool installer to confirm your property's eligibility before proceeding. Requirements may change — refer to the current Codes SEPP on the NSW Legislation website for the most up-to-date requirements.
Step by Step
The CDC Approval Process
Here's exactly what happens during the CDC process — from engaging a certifier to receiving your Occupation Certificate.
Engage a Private Certifier
Day 1Contact a NSW-accredited private certifier to manage your CDC application. Your pool installer may have a preferred certifier they work with regularly, which can streamline the process.
Prepare Application Documents
Days 1–5Your installer and certifier prepare the required documents: site plan showing pool location and setbacks, pool specifications, equipment details, and fencing design. The certifier checks all documents against the Codes SEPP.
Lodge CDC Application
Day 5–7The certifier lodges the application through the NSW Planning Portal. All CDC applications must be lodged electronically. The 20-day assessment clock starts from the date of lodgement.
Assessment Period
Days 7–20The certifier assesses the application against the Codes SEPP. They may request additional information (which pauses the clock). If all requirements are met, the CDC is issued.
CDC Issued
Day 20 (max)Once the CDC is issued, construction can commence. The CDC will specify any conditions that must be met during construction (e.g., inspections at specific stages).
Construction Inspections
During constructionYour certifier will inspect the pool at key stages — typically after excavation, after shell installation, and before final sign-off. These inspections are mandatory under the CDC conditions.
Final Occupation Certificate
After constructionAfter construction is complete and all conditions are satisfied (including compliant fencing), the certifier issues the Occupation Certificate. This is the final approval — your pool is legally ready to use.
Legislation
Understanding the Codes SEPP
What is the Codes SEPP?
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — commonly called the 'Codes SEPP' — is the NSW legislation that governs complying development. It sets out the standards that a development must meet to be approved as complying development, without the need for a full Development Application to council.
Swimming Pools Under the Codes SEPP
Swimming pools are listed as complying development under Clause 3.28 of the NSW Housing Code (Part 3 of the Codes SEPP). This means that if your pool meets all the specified standards, it can be approved via CDC — a much faster and simpler process than a DA.
When is a DA Required Instead?
A Development Application (DA) to council is required when your property or proposed pool does not meet the CDC standards. Common reasons include: the property is in a heritage conservation area, the pool cannot achieve the required setbacks, the property is in a special flood or bushfire zone, or the total site coverage would be exceeded.
Pool Fencing Requirements (NSW)
Under the Swimming Pools Act 1992 (NSW) and the Swimming Pools Regulation 2018, all swimming pools must be surrounded by a child-resistant barrier. Key requirements include:
Official Resources
For the most current requirements, refer to the NSW Planning Portal (planningportal.nsw.gov.au), the NSW Legislation website (legislation.nsw.gov.au) for the current Codes SEPP, and the NSW Swimming Pool Register (swimmingpoolregister.nsw.gov.au).
Ready to Start Your Approval Process?
Connect with trusted pool installers in Greater Sydney who can manage the entire CDC approval process for you — from documentation to certifier engagement.