New Rules for Pools
If you have a property in NSW with a swimming pool and you plan to sell after April 2014, new laws will require you to have a pool inspection and obtain a certificate of compliance prior to the sale.
Under the current laws, the owner of a swimming pool has to make sure that their pool complies with the requirements of the Swimming Pools Act 1992 which covers factors such as fencing and signage. The new laws, starting 29th April 2014, make it mandatory for anyone selling a property with a pool in NSW to obtain and include a valid “certificate of compliance” with the contract for sale.
A swimming pool is defined as being over 30cm deep and specifically designed for swimming or aquatic activities. If you have a spa pool you will also need a certification but if you just have a spa bath or a corner bath in your bathroom you won’t need a specific certification.
To get a certificate of compliance for your pool, contact your local Council or an accredited certifier under the Building Profession Act. If you live in a building with a shared pool, the Owners Corporation should arrange a pool inspection and obtain a certificate of compliance. Owners of a shared pool can also access the certificate of compliance through the NSW Swimming Pool Register.
From the 29th April 2014, if a swimming pool certificate of compliance is not attached to a contract for sale of land a purchaser may be able to rescind the contract at any time within 14 days of exchange of contracts. Swimming pool owners who don’t comply can also be fined up to $5,500 with an on the spot fine of up to $550. The new laws will create a safer environment around swimming pools so outside of the legal and financial aspects, it’s worthwhile to make sure that you comply.
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