State Government changes to the sale and lease of properties with swimming pools and spas to take effect from 29th April 2016.
The following information is a summary of the new sale and lease requirements.
- All properties being sold with a swimming pool or spa pool on or after 29 April 2016 will need one of the following:
A Certificate of Compliance issued under the Swimming Pools Act 1992 or,
An Occupation Certificate that is less than 3 years old and evidence that the swimming pool or spa pool is registered under the Swimming Pools Act 1992 or,
A Certificate of Non-Compliance issued under the Swimming Pools Act 1992.
- All contracts for sale that are exchanged after 29 April 2016 must have a Certificate of Compliance, relevant Occupation Certificate or a Certificate of Non-Compliance.
In the event a Certificate of Non-Compliance is issued for a property, a copy will be attached to the contract of sale. Purchasers will be able to purchase the property and take on the obligation to carry out the required rectification works.
The purchaser will have 90 days from the date of settlement to rectify defects listed in the Certificate of Non-Compliance and obtain a Certificate of Compliance.
- All properties being leased with a swimming pool or spa pool on or after 29 April 2016 will need one of the following:
- A Certificate of Compliance issued under the Swimming Pools Act 1992 or,
- An Occupation Certificate that is less than 3 years old and evidence that the swimming pool or spa pool is registered under the Swimming Pools Act 1992
- All contracts for lease that are exchanged after 29 April 2016 must have a Certificate of Compliance or a relevant Occupation Certificate.
- The landlord will need to provide a copy of the Certificate of Compliance or Occupation Certificate and Registration Certificate to the new tenant for all new leases signed after 29 April 2016.
- Certificates of Non-Compliance cannot be issued in relation to a property with a swimming pool or spa being leased.
Currently there is no requirement to obtain a Certificate of Compliance when selling or leasing a property. The new changes will require people selling or leasing their property to obtain a Certificate of Compliance or Certificate of Non-Compliance if a current Occupation Certificate is not applicable.
The State Government has brought in these changes in an attempt to decrease drowning incidents of young children in backyard swimming pools and spas. The changes also seek to improve the safety of backyard swimming pools and spa pools throughout New South Wales.
I am selling my property and/or entering a new lease agreement how do I obtain a Certificate of Compliance?
You can lodge an application for a “Certificate of Compliance” to Council, who will inspect your pool or spa barrier for a nominal fee of $150.
To apply for a “Certificate of Compliance” with Council you will need to fill in Council’s Swimming Pool Certificate of Compliance Application form which is available from Council or on Council’s website on the link below:
If I am not selling my property or entering a new lease agreement do I need to obtain a Certificate of Compliance for my pool fence after 29 April 2016?
No, if you are not selling or leasing your property you do not need to obtain a Certificate of Compliance after 29th April 2016, however Council encourages all swimming pool owners to take action to ensure their own swimming pool barrier complies with the Swimming Pools Act 1992.
Council’s Home Swimming Pool Safety Checklist can be accessed via the link below:
How do I register my swimming pool? How do I register my swimming pool if I do not have access to the internet?
All swimming pools must be registered on the online NSW State Register. You can register your swimming pool online at http://www.swimmingpoolregister.nsw.gov.au.
Alternatively for a fee of $10 Council can register your swimming pool for you. Please contact Councils Administration Team on 02 4677 1100 for further details.
Where can I find out more information about pool fencing and the associated pool rules and regulations?
The Swimming Pools Act 1992 and the Swimming Pools Regulation 2008 can be found at the following web links:
Additional information in regard to swimming pool safety can be obtained from the following sources:
At home inspection checklists are available on the NSW Swimming Pool Register website as above.
The Royal Life Saving Society have created a number of home swimming pool safety programs that you can try with your children to help improve their knowledge of the dangers of backyard swimming pools.
If you have any further questions or would like to discuss the Swimming Pool Program further, please don’t hesitate to contact Council’s Building Team on (02) 4677 1100 between 8am and 10am weekdays or via e-mail to firstname.lastname@example.org