Pool Owner - Selling or Leasing?

Initial changes to the NSW swimming pool legislation have commenced, with all pool owners required to register their pool or spa with the Office of Local Government (OLG) at www.swimmingpoolregister.nsw.gov.au

From 29 April 2016, properties sold with a swimming pool must now have either a relevant occupation certificate, ‘certificate of compliance’ or a ‘certificate of non-compliance’, issued from the NSW Swimming Pool Register.

This means:

  • The vendor of a property (with a swimming pool) is able to transfer the requirement to make a pool barrier compliant, to the purchaser. The transfer will be realised through the attachment of a ‘certificate of non-compliance’ to the contract for sale. Sales of properties with compliant pools will continue to require a ‘certificate of compliance’.
  • The purchaser of a property (with a swimming pool) has 90 days from the date of ownership transfer to address any issues of non-compliance in relation to the swimming pool barrier or be subject to current penalties.
  • Properties with more than two (2) dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease as they are already regulated by mandatory three (3) year inspection programs.
  • Properties with two (2) dwellings or less are required to have a certificate of compliance before entering into a lease.

 

How to apply for a pool certificate of compliance

You can apply to Council for this certificate. Council will first organise an inspection of the pool, then advise if it complies with the requirements of the Act and let you know if any work is needed to comply.

Upon completion of works, Council will issue a certificate stating that the swimming pool complies with the requirements of Part 2 (Access to Swimming Pools) of the Swimming Pools Act, 1992.  The certificate is valid for three years.

Please note: a Swimming Pool Compliance Certificate application incurs a cost of $150. Should a re-inspection be required an additional $100 fee will be charged for each subsequent inspection carried out.