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Swimming Pool Rules Have Changed

From 29 April 2016 properties sold or leased with a spa or pool must have a relevant compliance certificate.

Swimming pool laws have changed1. Vendors can transfer the obligation of obtaining a certificate of compliance to the purchaser. A certificate of non-compliance must be attached to the contract of sale.

2. The buyer of a property with a non-compliant spa or pool has 90 days from the date of settlement to address any barrier noncompliance issues and obtain a certificate of compliance.

3. Properties with more than two dwellings are exempt from the requirement to provide a compliant spa or pool barrier on sale or lease as they are already regulated through mandatory three-yearly council inspections.

4. The owner of a property with one or two dwellings and a spa or pool must have a certificate of compliance or relevant occupation certificate and a certificate of registration before entering into a lease. These documents are to be provided to the tenant on entering into the new lease.

A relevant occupation certificate means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than three years old and that authorises the use of the swimming pool.

 

 

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