New Laws for Buying or Selling a Property with a Swimming Pool in NSW
Information for Real Estate Agents
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool in NSW. The new laws have an impact on anyone who is selling, buying or leasing a property with a pool.
The contract for the sale of land must have one of the following attached:
- A certificate of compliance; or
- A relevant occupation certificate and a certificate of registration; or
- A certificate of non-compliance.
These documents are “prescribed documents” within the meaning of the NSW Conveyancing Act 1919 and are listed in the NSW Conveyancing (Sale of Land) Regulation 2010. Failure to attach a prescribed document to the contract for the sale of land may render the contract incomplete and enable the purchaser to rescind the contract.
These new laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016, which can be accessed here.
- Ensure that the contract for the sale of land is complete by attaching the relevant prescribed documents prior to listing a property with a pool for sale.
- Ensure that all certificates attached to the contract for the sale of land remain current to enable continued marketing of the property.
- NSW local council inspectors and category A1, A2, A3 or E1 accredited certifiers registered with the NSW Building Professionals Board are authorised to inspect and certify pools in NSW.
- You can obtain details of accredited certifiers who are authorised to inspect pools here.
- Accredited certifiers set their own fees.
- You can download and print certificates of registration and compliance or non- compliance from the NSW swimming pool register.
- The certificate of compliance or relevant occupation certificate is valid for three years from the date of issue.
- The certificate of non-compliance is valid for 12 months from the date of issue.
Process for selling or buying a property with a pool