Certifying unauthorised pools: legislation not retrospective

31 Aug 2015
A council or certifier may sometimes be asked to issue a certificate of compliance under the Swimming Pools Act 1992 for a swimming pool that was constructed without development consent.

Whether or not the pool's construction was authorised, when assessing an application for a certificate of compliance, you must apply the prescribed standards that were in force when the pool was built, or when the barrier was substantially altered or rebuilt.

Also, councils retain their enforcement powers in relation to unauthorised development, regardless of whether a certificate of compliance has been issued.

More information and relevant legislation