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Swimming Pool Compliance

If you are thinking of selling or leasing a property with a pool this year, from 29 April 2016 new State legislation will require you to either have a relevant occupation certificate, ‘certificate of compliance’ or a ‘certificate of non-compliance’, issued from the NSW Swimming Pool Register.

This means from 29 April 2016:

  1. The vendor of a property (with a swimming pool) is able to transfer the requirement to make a pool barrier compliant, to the purchaser.  The transfer will be realised through the attachment of a ‘certificate of non-compliance’ to the contract for sale.  Sales of properties with compliant pools will continue to require a ‘certificate of compliance’
  2. The purchaser of a property (with a swimming pool) has 90 days from the date of ownership transfer to address any issues of non-compliance in relation to the swimming pool barrier or be subject to current penalities.
  3. Properties with more than two (2) dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease as they are already regulated by mandatory three (3) year inspection programs.
  4. Properties with two (2) dwellings or less are required to have a certificate of compliance before entering into a lease.

To register your pool please click here.

Swimming pool owners are required to self assess, and state in the register that, to the best of their knowledge, their swimming pool complies with applicable standard when registering their pool.

Authorised officers may fine pool owners if their pool is not registered on the NSW Swimming Pool Register.  The fine is $220.00.  In the event that an inspector refers the matter to court, a fine of up to a maximum of $2,200 may be imposed.  Council officers undertaking swimming pool compliance inspections will be charging a fee of $150.00.  For more information contact a Building Surveyor in the Building Services Section of Council on 1300 292 442.

Please note that we will be re-approaching all our Landlords and Vendors with pools in next few weeks if we have not already done so to make sure there is a relevant “certificate of compliance” or a “certificate of non-compliance in place. But should you have any queries regarding this please call our office.