The Truth About Swimming Pool Compliance Certificate in NSW

In this blog, you will know what new swimming pool compliance certificate rules to follow if you plan to buy or rent a property with a swimming pool.

There have been new pool rules enforced in New South Wales since April 29, 2016. These changes have affected everyone, including landlords selling or leasing their homes and potential tenants looking to rent or even buy.

The swimming pool act was implemented to help minimise the number of drownings in New South Wales. One of the requirements for all swimming pools and spas in New South Wales is to possess a swimming pool compliance certificate, ensuring that all swimming pools and spas meet strict safety requirements.

As of April 29, 2016, all properties for sale or lease must possess a valid swimming pool compliance certificate in NSW. That is a notice that after this date, properties in New South Wales with either a swimming pool or a spa pool. Must obtain a valid swimming pool compliance certificate or a relevant occupation certificate before being sold or leased. There are different types of swimming pools that need to follow these new rules.

Which types of pools need to comply with these changes?

A strata or community scheme wherein all the lot owners jointly own any swimming pool or spa pool on the common property must comply with the new changes. The body corporate is responsible for ensuring the swimming pools are compliant with the Swimming Pools Act 1992.

The Act applies to any excavation or structure, including swimming pools and spa pools that:

• can be filled with water with a depth greater than 30cm, and
• used, designed, manufactured or adapted for swimming, wading, paddling, or other human aquatic activities.

What are the requirements for renting a property with a spa or swimming pool?

The agent or landlord must ensure that the swimming pool meets the requirements of the Swimming pool Act 1992 before making an agreement deal for the property. As of April 29, 2016, this law is effective and applies to all properties except those in a strata lot or on more than 2 lots of community schemes.

If you are the tenant who is renting a property after April 29, 2016. Make sure there is a pool compliance certificate in NSW for your swimming pool attached to the lease agreement.

What are the compliance requirements for buying, selling and renting. A property with a spa or swimming pool in New South Wales?

Are you planning to sell or rent a property with a swimming pool? There are several points worth your consideration and, if not addressed, can have quite an impact on your liability. First and foremost, under the new legislation, you cannot lease out your property with a spa or swimming pool without first organising and obtaining a swimming pool compliance certificate. Property Managers should not be advertising properties. It certainly is a considerable risk to allow a tenant to reside in your property without including a current swimming pool compliance certificate within the Leasing Contract.

Suppose you are planning to buy a new house with a swimming pool. In that case, it is the property owner’s responsibility to assure that the swimming pool has met the regulations in New South Wales before the sale or to ensure that a certificate of non-compliance provides the purchase documents. To sum it up, you must provide with either of the following:

• A certificate of compliance.
• A certificate of non-compliance.
• Any proof that the pool is currently register
  and must obtain an occupation certificate issued within 3 years of the sale.

If a certificate is not offer when required, you as the buyer have the right to void the contract within 14 days of exchange unless you have already settled.

What is a certificate of non-compliance, and how will it affect the sale of a property with a swimming pool?

Suppose the swimming pool is not compliant after Pool Inspection by the council or private certifier. In that case, the house owner must provide a Swimming Pool Certificate of non-compliance to the buyer. Thus passing on all the liability of meeting the legal requirement to the buyer. Suppose this has been included in the sale documents. It means that the buyer agrees to take on the responsibility. He is then given 90 days to rectify any issues from the settlement date. They will then need to obtain a valid pool compliance certificate in NSW, to ensure that they have met all requirements in New South Wales.

Conclusion

If you are thinking of buying or renting a property with a swimming pool. You must make sure that the property is compliant with the law before purchasing it. You must obtain specific certificates to ensure your swimming pool is eventually compliant. It would help if you considered the deadline of compliance, in addition to the costs associated with carrying out inspections by your local council or a private certifier.