Selling a Southern Highlands property with an old inground pool introduces specific complications that don’t arise with modern, compliant pools. This guide covers what you’re required to disclose, how buyers price old pools, what real estate agents typically advise, and whether removing the pool before listing is the right move.
What NSW Law Requires You to Disclose About an Old Pool
In NSW, vendors have both statutory disclosure obligations and a general obligation to disclose material facts that would be likely to influence a buyer’s decision to purchase.
NSW Swimming Pools Act 1992 Obligations
Before settling a property sale in NSW that includes a swimming pool, the vendor must:
- Obtain a valid pool safety certificate (certificate of compliance) from a certified pool inspector confirming the pool barrier meets current standards, OR
- Have the pool inspected and provide the buyer with a certificate of non-compliance — which transfers the obligation to bring the pool into compliance to the buyer
The buyer can agree to take on the obligation to bring a non-compliant pool into compliance — but this is a negotiating point and buyers often seek a price adjustment to account for the estimated compliance cost.
Exception: The pool safety compliance requirement doesn’t apply if you’re selling to a developer who intends to demolish the pool, or in some strata/community title contexts. Check the specific exemptions with your solicitor.
Pool Register Status
The NSW Swimming Pool Register records all pools in NSW. On transfer of property, the buyer should find the pool listed on the register. If you’ve removed the pool before settlement, it needs to be deregistered before or at settlement.
General Disclosure Obligations
Beyond the Swimming Pools Act, vendors should disclose:
- Known structural defects in the pool shell (major cracks, significant leaks)
- Known contamination or health hazards (a pool that has had significant algae or microbial issues)
- Filled-in pool — if a previous pool has been filled in on the property, this is generally considered a material fact that should be disclosed. Buyers’ building inspectors may identify it and raise it anyway, so early disclosure is better than late discovery
How Buyers Price Old Pools in the Wingecarribee Market
Understanding how buyers in the Southern Highlands think about old pools helps you make the pre-sale decision.
The informed buyer’s calculation: A sophisticated buyer in the Wingecarribee Shire — typically a tree-changer from Sydney with some property transaction experience — will calculate:
- Cost to bring the pool to current compliance (fence, inspection, any required rectification): $2,000–$8,000 depending on what’s needed
- Cost to renovate the pool to usable condition (surface, equipment, coping): $10,000–$25,000 for an old concrete pool
- Ongoing maintenance cost per year: $2,000–$4,000
- Alternative: removal cost: $12,000–$18,000 for full removal
For most buyers, the calculation lands somewhere between “price chip for the compliance cost” and “price chip for the full removal cost.” In the Southern Highlands market, buyers rarely see an old concrete pool as a premium-adding feature. They see a problem of varying magnitude.
Typical buyer responses to old pool discovery:
- “Compliant, good condition pool” — neutral to slightly positive; some buyers like it, most are indifferent. No price adjustment needed
- “Non-compliant fence, otherwise functional pool” — buyer asks for a credit of $2,000–$5,000 for compliance rectification, or a pre-settlement inspection report
- “Old, deteriorating pool in poor structural condition” — buyer requests pre-settlement pool inspection report, may seek $15,000–$25,000 price reduction or ask vendor to remove pool before settlement
- “1970s concrete pool, cracked shell, no valid fence, out-of-date equipment” — some buyers walk away; others seek significant price adjustment or make removal a settlement condition
What Real Estate Agents Typically Advise in the Southern Highlands
Agents operating in the Bowral and Wingecarribee Shire market typically advise:
“Fix the compliance issue before listing.” The cheapest version of this is getting the pool safety inspected, identifying what’s non-compliant, and fixing it. Pool fence rectification typically costs $1,500–$5,000 and lets you present the property with a valid compliance certificate.
“Consider removing the pool if it’s in poor condition.” For pools in structural decline, the agent’s honest advice is often that removal will yield better sale outcomes than trying to sell with a problem pool. It broadens the buyer pool, removes price negotiation points, and presents the property more cleanly.
“A renovated pool doesn’t recoup its cost in the Southern Highlands.” Agents here are consistent: spending $20,000–$35,000 renovating an old pool before sale is unlikely to add equivalent value. The local buyer isn’t predominantly pool-motivated.
The Pre-Sale Decision: Remove, Repair or Present As-Is?
Option 1: Remove Before Listing
When to choose this: If the pool is in poor structural condition, if the compliance cost is high, or if you want to market the property to the broadest possible buyer pool without the pool being a negotiation point.
Cost: $12,000–$18,000 for full removal (typically fully deductible from what you’d otherwise give back in price negotiations).
Effect on sale: Typically broadens buyer appeal, removes negotiation points, presents more cleanly. Most agents report that properties with a clean pool-free yard in the Highlands sell with less friction than those with problem pools.
Timeline: Book removal 6–8 weeks before your planned listing date to allow time for site settlement and basic landscaping.
Option 2: Bring Into Compliance and Sell With Pool
When to choose this: If the pool is in reasonable structural condition, if the compliance cost is manageable ($2,000–$5,000), and if you believe the pool adds appeal to your target buyer.
Cost: Pool safety inspection ($180–$350) + fence rectification if needed ($1,500–$5,000) + maintenance to presentation standard.
Risk: Even with a compliant pool, some buyers will still price in ongoing maintenance and may seek adjustment. A pool in average condition is, at best, neutral in the Southern Highlands market.
Option 3: Present As-Is With Disclosure
When to choose this: If you’re selling to an investor or developer, if the sale is conditional on development approval anyway, or if the price is already adjusted to reflect the pool’s condition.
Risk: Highest risk of price negotiation, conditions of sale, or buyer withdrawal. Only appropriate where the sale context justifies the approach.
Does Removing the Pool Before Sale Make Financial Sense?
Let’s test the math on a typical Southern Highlands scenario:
- Old concrete pool, poor condition
- Estimated buyer price adjustment if kept: $15,000–$25,000 (combination of compliance and structural issues)
- Removal cost: $14,000
- Net benefit of removal: Avoiding a $15,000–$25,000 price chip at a cost of $14,000 = breakeven to positive
This math works in the Southern Highlands because the price adjustment a buyer seeks for a problem pool is typically at least as large as the removal cost — often larger, because buyers add a risk premium to their calculation.
Frequently Asked Questions — Selling With an Old Pool
Do I have to fix the pool before I can sell? You don’t have to fix it, but you have to disclose the compliance status. You can sell with a non-compliant pool if you provide a certificate of non-compliance and the buyer agrees to take on the compliance obligation at their cost (typically reflected in the purchase price).
What happens if a buyer discovers a structural problem with the pool during the building inspection? They’ll typically request a formal pool inspection report and seek a price adjustment. If the problem is significant (structural failure, serious leakage), some buyers will withdraw or make removal a settlement condition.
How do I find a pool safety inspector in the Southern Highlands? Licensed pool safety inspectors are registered in NSW through the relevant authority. We can recommend inspectors familiar with the Wingecarribee Shire if needed.
How long before listing should I remove the pool? Allow 6–8 weeks from enquiry to completion of removal and basic landscaping. If you want lawn established over the area before photography, allow 10–12 weeks.
Should I tell the agent about the pool’s condition before listing? Yes, always. Your agent needs to know the full situation to advise you correctly and to handle buyer enquiries honestly. Agents in the Southern Highlands are experienced with old pool situations.
Thinking about removing your pool before sale? Get a free removal quote — most pre-sale decisions benefit from knowing the actual removal cost before deciding.