Most Read Contributor in Australia, September 2016
On 28 March 2014 the Office of Local Government issued a
Circular to Councils announcing that the provisions in the
Swimming Pools Amendment Act 2012 (NSW) (Amending Act)
requiring a property with a swimming pool to have a certificate of
compliance or a relevant occupation certificate before it can be
sold or leased is to now commence on 29 April 2015. This new
commencement date is twelve months after the previously anticipated
date, being 29 April 2014.
What does this mean?
With the final stage of amendments being postponed twelve
months, swimming pool owners will now have more time to ensure
swimming pool barrier compliance prior to the sale or lease of
Further, Councils will now have more time to address the
Amending Act changes to ensure that pool owners understand the
requirements. Council will now have time to make certain that it
has appropriate systems, processes and resources in place to
respond to these changes and the demands that will arise from
Background to the Swimming Pools Amendment Act 2012
The Amending Act commenced on 29 October 2012 and has made a
number of amendments to the Swimming Pools Act 1992 (NSW)
(Swimming Pools Act). The Amending Act has been
implemented in stages and has already achieved the following:
the extension of the operation of the Swimming Pools Act to a
wider class of premises consisting of swimming pools or proposed
swimming pools by replacing the reference to "hotel or
motel" with "tourist and visitor
a limiting of the scope of exemptions contained in Sections 8
(swimming pools constructed before August 1990 and existing
swimming pools on small properties), 9 (swimming pools on large
properties) and 10 (swimming pools on waterfront properties) of the
Swimming Pools Act;
the development and implementation of the central Swimming
Pools Register which commenced operation on 29 April 2013; and
new requirements placed on Councils to develop a mandatory pool
What will this final stage of amendments do?
This final stage of the amendments are intended to amend the
Conveyancing (Sale of Land) Regulation 2010 (NSW) and the
Residential Tenancies Regulation 2010 (NSW) to require
vendors to attach to contracts for sale a valid certificate of
compliance or a relevant occupation certificate plus evidence that
the swimming pool is registered. This includes contracts for sale
of a lot in a strata scheme or a community scheme where there is a
swimming pool on the common property or the association
Reasons for the detail in commencing the final stage of
The delay in the commencement date is due to a number of
the readiness of councils, accredited certifiers and owners of
high inspection failure rates of swimming pools adding to
delays for the issuance of compliance certificates; and
the recognition that the new disclosure requirements has
created problems for owners of properties where the swimming pool
is within multi-occupancy properties, such as strata schemes where
the pool is located on common property.
Implementing the postponement
As a result of Parliament not sitting between 27 March 2014 and
6 May 2014, Government is currently working through difficulties in
implementing this postponement in the appropriate manner. Keep an
eye out for further updates in this regard.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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