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Important Changes to Swimming Pool Laws

The NSW Government has changed the laws regarding swimming pools and spas located at residential properties. This newsletter describes developments which may be relevant to you. If you are in any doubt about these or any other aspects of the law, please make an appointment to see your solicitor.

The Changes

The NSW Government has changed the laws regarding swimming pools and spas located at residential properties. All property owners are now required to have their pool or spa registered on the newly created swimming pool register, accessed at www.swimmingpoolregister.nsw.gov.au . If you have a pool or spa at your property, you should register it if you have not already done so. From 29 April 2015, it will become a legal requirement for residential property owners to obtain a compliance certificate for their pool or spa, and attach a copy to the Contract before sale.

Compliance Certificates

As advised above, from 29 April 2015, if the property you are selling has a swimming pool or spa you are legally required to obtain a compliance certificate and attach it to the sale Contract. A compliance certificate confirms that your pool or spa, and the pool barrier, meet the safety requirements. You can contact Council, or an Accredited Certifier, to arrange for an inspection of your pool or spa and a compliance certificate to be issued. An occupation certificate for the pool or spa, which is less than 3 years old, also qualifies as a compliance certificate.

What happens if I sell my property without a compliance certificate attached to the Contract?

If your property is sold without the certificate attached to the Contract, the Purchaser can choose to pull out of the transaction, without penalty, within 14 days from the Contract date. This can cause you significant problems if you have entered into a Contract to buy another property relying on the sale of your existing home.

What to do next?
If you have a swimming pool or spa at a residential property which you are selling, you should:

  1. Immediately register it on the register at swimmingpoolregister.nsw.gov.au, and obtain the registration certificate;
  2. Check that your pool or spa, and its barrier, complies with the safety requirements; and
  3. Contact Council or an Accredited Certifier to have them inspect the pool or spa and issue a compliance certificate; and
  4. Provide us with copies of the compliance certificate and registration certificate.

Do not hesitate to contact our office should your have any queries.

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