Hones News

New Swimming Pool Legislation

New swimming pool legislation

All properties with a swimming pool or spa being sold or leased on or after 29 April 2016 will need a valid certificate of compliance or a relevant occupation certificate. A relevant occupation certificate is one less than three years old which authorises the use of the swimming pool. In the event of a sale, the certificate must be attached to the contract for the sale of land.

Where a certificate of compliance cannot be obtained, the vendor will be able to transfer the responsibility to obtain a certificate of compliance to the purchaser. The responsibility is transferred by attaching a certificate of non-compliance to the contract for the sale of land. The purchaser will then have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.

In addition to a certificate of compliance, certificate of non-compliance or relevant occupation certificate, a certificate that the swimming pool is registered must also be attached to the contract for the sale of land.

Failure to attach the certificates may allow the purchaser to rescind the contract for the sale of land within 14 days of exchange, unless settlement has already occurred.

There are some exceptions, including strata or community schemes comprising more than 2 lots, and if the contract is an off the plan contract.

A certificate of compliance can be obtained from the local council or an independent accredited certifier who is registered with the Building Professionals Board. Further information can be found on the Swimming Pool Register website at
http://www.swimmingpoolregister.nsw.gov.au/

We suggest you allow plenty of time to obtain a certificate of compliance as anecdotal evidence suggests that around 95% of pools fail at the first inspection. With many councils it can take up to 90 days before a pool becomes compliant.