NSW Swimming Pool Compliance Laws Update
More time to get pools safe before selling or leasing
Provisions that require a property with a swimming pool to have a certificate of compliance before it can be sold or leased will now commence on 29 April 2016. This means pool owners will have more time to ensure swimming pool barrier compliance prior to the sale or lease of their property.
Be sure not to leave having your pool inspected to the last minute as there may be longer the expected waiting periods due to increased demand.
Selling, Purchasing OR RENTING a Property with a Pool
Contracts for sale and pools – what’s currently required
Under the Conveyancing (Sale of Land) Regulation 2010 a warning notice is required within the contract of sale stating the owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992. Prospective purchasers considering a property with a pool should get the pool inspected prior to purchasing. At the very least, if purchasing a property with a pool after 29 April 2013, ensure the pool is recorded in the NSW Pool Register.
What’s changing with contracts of sale
From 29 April 2016 it will be compulsory that properties with a pool that are for sale have a current pool certificate of compliance or occupation certificate in the contract of sale.
Renting/Leasing a residential property with a pool – what’s currently required
Under the Residential Tenancies Regulation 2010 residential tenancies agreement the landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises.
What’s changing with leasing agreements
From 29 April 2016 pool owners will be required to include a current pool certificate of compliance in the leasing agreement before being able to lease a property with a pool.
Be sure not to leave having your pool inspected to the last minute as there may be longer than expected waiting periods due to increased demand.