Winter is coming, but don’t forget about your swimming pool just yet – especially if you are thinking about buying or selling a property. Important changes to the Swimming Pools Act 1992 (NSW) are set to come into force from 29 April 2016. If you are planning on buying or selling a property with a swimming pool or spa, then you need to understand how these changes will affect your rights and responsibilities. The amendments will require swimming pool owners to register their pool and ensure that it is compliant with relevant regulations. In Sydney local councils are required to maintain a program for the inspection of swimming pools and ensure that each property with a swimming pool is inspected at least once every three years. But who will this change affect?

Selling a Property with a Pool or Spa

If you are selling a property with a swimming pool and/or spa, the Conveyancing (Sale of Land) Regulation 2010 will now require you to attach a copy of either:

1. A valid certificate of compliance issued under the Swimming Pools Act; or
2. A relevant occupation certificate within the meaning of the Swimming Pools Act and evidence that the swimming pool is registered under Part 3A of the Act.

If your contract includes a certificate notifying the purchaser that your property’s swimming pool or spa is non-compliant, the responsibility for ensuring compliance shifts to the purchaser (who will then have 60 days from the date of settlement to obtain a certificate of compliance or risk fines).

Buying a Property with a Pool or Spa

If you are a prospective purchaser of a property after 29 April 2016 (and a compliance certificate or confirmation of the swimming pool or spa registration is not included as an attachment to the contract of sale), then you may be able to rescind the contract.

Landlords

Landlords will also be required to include a certificate of their swimming pool or spa’s compliance to tenants when leasing their property from 29 April 2016.

Owners Corporations

Finally, if you own a property which is part of a strata title complex, then it is the body corporate’s responsibility to ensure the compliance of any swimming pool or spa within the complex.

 How do I get a certificate of compliance?

Only a local council or a private accredited certifier can inspect the barrier around your swimming pool and issue a certificate of compliance in NSW. Once you have obtained a compliance certificate under the Swimming Pools Act it will be valid for three years.

If you are concerned about your swimming pool’s compliance or require any other legal assistance with the process of selling or buying property, contact one of our property and conveyancing experts. At Fox & Staniland we have extensive experience in these areas and will be able to guide you through the process and make your next property transaction a smooth and less stressful experience.