Swimming Pool Compliance

From 29 April 2016 all home owners who have a swimming pool or a spa, must attach to their sale contract a certificate that shows whether or not their swimming pool complies with the Swimming Pools Act safety regulations.

This certificate is now a prescribed document that must be attached to your Contract of Sale. Even if your pool does not comply, a certificate of Non-Compliance must be disclosed in your Contract.

Home owners in a strata scheme of two or more lots or vendors with an off the plan contract need not worry about providing a valid certificate, however if your property is part of a duplex, you must comply with the new laws.

So what do I do to comply?

1. Register your pool online at www.swimmingpoolregister.nsw.gov.au;
2. Organise a Certificate of Compliance (or Non-Compliance) through either your local Council or a certified swimming pool inspector; and
3. Tell us that you have a swimming pool or spa when we prepare your Contract of Sale.

If you are issued with a certificate of Non-compliance you can still sell the property in its current state however, it will then become the buyers obligation to rectify the non-compliance within 90 days of settlement (provided the pool is not classified as posing a significant risk to public safety). Be aware that Council can still issue you with an upgrade order or an order requiring rectification works to be carried out to fix the problem which may give your buyer the ability to rescind the contract.

If you need advice about buying or selling property, click here to contact us today.

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