It is always best to assume you need some form of approval until you can prove that you don't.
Start by confirming what zone your property is. You can find this by using the NSW Planning Portal's Spatial Viewer.
Swimming pools and spa pools are defined in the Swimming Pools Act 1992 pt 1 s 3 - Definitions as follows:
"Swimming pool means an excavation, structure or vessel—
(a) that is capable of being filled with water to a depth greater than 300 millimetres, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act."
"Spa pool includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like."
Do I need approval?
Certain minor building renovations or works are categorised as 'exempt development', meaning they do not require planning approval.
All exempt developments must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.
The property must not be a heritage item or a draft heritage item, or in a foreshore area or in an environmentally sensitive area.
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (referred to as the 'Codes SEPP') contains additional requirements that must be met to satisfy exempt development criteria:
The NSW Government has more information on exempt development on the NSW Planning Portal.
If the proposal doesn't qualify as exempt development, you may be able to apply through 'complying development' or a 'Development Application' (DA) – see below for more information.
Do I qualify for a complying development certificate?
A complying development certificate can be issued by council or a private certifier without the need for a full development application, providing the application meets very specific criteria.
Complying development cannot be undertaken on all land. To determine if your property meets the land-based requirements you can apply to Council for a Section 10.7 Planning Certificate.
Complying development rules are set out by Codes SEPP pt 1 div 2 s 1.17 - What development is complying development?.
All complying development must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.
There are general requirements listed under Codes SEPP pt 1 - General that apply to all complying development and in addition, each type of development must also meet certain 'development standards' to be complying.
Development standards include the following:
- swimming pools are for private use and must be associated with a dwelling
- if not connected to a sewer main, pool water discharge needs approval under the Local Government Act 1993
- the pump must be housed in a soundproofed enclosure
- coping around the pool must not exceed 1.4m above ground and 300mm wide if above 600mm
- decking around the pool must not be more than 600mm above ground
- pools must be behind the building line of the associated dwelling
- the pool water line must be set back at least 1m from side or rear boundaries
- minimum setback from a secondary road is the same as the dwelling's setback
- in heritage conservation areas, the pool must be behind the building line, adjacent to the rear boundary, and not closer to side boundaries than the dwelling
The development standards relevant to swimming pools, spas and child-resistant barriers are listed in the Codes SEPP, which can be accessed here:
The NSW Government has more information on complying development on the NSW Planning Portal.
If the proposed development does not meet the above conditions for an exempt or complying development, you will need to seek approval by lodging a Development Application (DA).
I need a DA. What do I do?
The steps below will guide you through the process of applying for a DA.