The laws regulating Swimming Pools in NSW have undergone a
series of changes since 2012.
Some key changes have included an obligation upon each owner to
register their pool on a newly established online register of
swimming and spa pools, the introduction of mandatory and periodic
inspections by councils and new sale and leasing requirement
affecting pool owners.
The sale and leasing requirements were deferred and will now
commence on 29 April 2016.
Some key changes to the new sale and leasing
requirements include the following:
All properties with a swimming pool being sold or leased on or
after 29 April 2016 will require a valid certificate of compliance
or relevant occupation certificate (with a registration
In the case of sales, where a certificate of compliance cannot
be obtained, vendors will now be able to shift the responsibility
of obtaining the certificate of compliance to the purchaser by
attaching a certificate of non-compliance to the sale contract and
drafting appropriate contract terms;
Purchasers who complete a sale with a certificate of
non-compliance attached to the contract will have 90 days from
settlement to rectify the non-compliance issues;
A new exemption to the sale and leasing requirements will apply
to strata and community title schemes that comprise of more than 2
A new exemption to the sale requirements will apply to off the
A certificate of compliance remains valid for a period of 3
years provided it has not been cancelled.
A certificate of non-compliance remains valid for a period of 1
Failure to comply with the new sale and leasing requirements can
give rise to serious consequences such as fines/penalties and in
the case of sales the opportunity for a purchaser to rescind
(cancel) the contract and recover their deposit within 14 days
after the contract is entered into.
Some Practical Tips for Owners and
Owners looking to sell or lease their property should
request their pool inspections well ahead of their marketing
campaign – Anecdotal evidence suggests it is not
uncommon for it to take 3-4 months for a Certificate of Compliance
or 3 weeks for a Certificate of Non-Compliance to issue following
the first inspection. This is due to high pool inspection failure
rates and the availability of qualified inspectors, trade persons
and materials to carry out inspection and rectify compliance
Review Self-Assessment Checklist before the
inspection – Pool owners are encouraged to download
and review a self-assessment pool checklist available on the Online
Swimming Pool Register prior to engaging Council or a Certifier to
carry out the inspection for the Certificate of Compliance. It
gives Pool owners the opportunity to rectify and address any
apparent defects to minimise the number of subsequent inspections
(and fees) required before the certificate issues.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Warranties can be risk-shifting mechanisms when the party giving the warranty is not the party at fault for the defect.
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