Under the Conveyancing (Sale of Land) Regulation 2010,
a contract for sale of land must contain a notice which states that
an owner of a property on which a swimming pool is situated must
ensure that the swimming pool complies with the requirements of the
Swimming Pools Act 1992, and any purchaser of a property
is also strongly advised to ensure compliance.
In addition to the current positions, from 29 April
2014 new laws will come into effect in NSW which makes it
mandatory for anyone selling a property on which a swimming pool is
situated to include a valid "certificate of compliance"
in respect of the swimming pool, in the contract for sale.
Who does this affect?
Any vendor selling a property on which a swimming pool is
What is a "swimming pool"?
For the purposes of the new requirements, a swimming pool is an
excavation, structure or vessel that is:
capable of being filled with water to a depth greater than
solely, or principally used, designed, manufactured or adapted
for the purposes of swimming, wading, paddling, or any other human
aquatic activity (including a spa pool).
A swimming pool DOES NOT include a spa bath or anything that is
situated in a bathroom.
How does this affect owners of Strata/Community Title
In the case of strata/community title, the Owners Corporation
should arrange for an inspection of the pool and obtain a
certificate of compliance. Individual lot owners can access the
certificate of compliance via the NSW Swimming Pool Register.
What are the penalties for non-compliance?
The owner of the swimming pool can be fined up to $5,500 for non
compliance with pool safety requirements, with an on the spot fine
of up to $550.
From 29 April, if a certificate of compliance is not attached to
a contract for sale of land (on which a swimming pool is situated)
a purchaser may be able to rescind the contract at any time within
14 days of exchange of contracts.
Where can a certificate of compliance be
A certificate of compliance can be obtained from your local
Council or from an accredited certifier under the Building
A valid and recent occupation certificate (less than 3 years
old) can be substituted for a certificate of compliance provided
that the swimming pool registration certificate (which is
created when the pool was registered and can be obtained from the
NSW Swimming Pool Register) is also included.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).