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Published on April 15th, 2016

Swimming Pool Laws and what it means to property investors and vendors

We must be aware of our responsibility when it comes to the new Swimming Pool Laws especially Agents – be aware of your responsibilities when selling property or managing rented property with pools in NSW, including spa pools.

29 April is the deadline to comply with the additional requirements below. 

Requirements for sales agents

To sell property with a swimming pool or spa pool, you must attach to the sales contract a valid copy of one of the following documents issued in the last 3 years:

  • certificate of compliance
  • relevant occupation certificate (together with evidence that the pool is registered), or  
  • certificate of non-compliance.

If this is not done, the buyer may rescind the contract within 14 days of exchange, unless settlement has already occurred.

These requirements do not apply to off-the-plan property or to properties in a strata or community scheme that has more than two lots.

Be aware that a certificate of non-compliance transfers to the buyer the seller’s obligation to obtain a certificate of compliance. The buyer has 90 days from the date of settlement to rectify defects listed in the certificate and obtain a certificate of compliance. For further information on this, refer to the NSW Office of Local Government and NSW Land and Property Information (LPI) websites. 

Requirements for property managers

When a tenancy agreement is entered into, the real estate agent (acting on behalf of the landlord) must give the tenant a copy of the valid certificate of compliance or occupation certificate for a property with a swimming pool or spa pool.

Clause 40A of the residential tenancy agreement will be amended to provide that this obligation does not apply to properties in a strata or community scheme that has more than two lots. You can continue to use existing stock of standard form residential tenancy agreements with an addendum, which will be made available on our Forms page.  

The New Tenant Checklist will be updated from 29 April 2016. You can continue to use the current version of the checklist with an addendum, which will be available by that date on our website.  

How to obtain certification

To arrange a compliance inspection, pool owners should contact their local council or find a private swimming pool certifier listed on the NSW Swimming Pool Register website.  

More information

The Office of Local Government is the main authority for swimming pool laws in NSW. You can also learn more on our Swimming pools page.

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