Many of you may be aware that in 2012 there was a comprehensive review of the Swimming Pools Act 1992. With the weather warming up and summer on its way we thought it timely to put together an overview of how these changes will affect swimming pool owners when the Act or regulation comes into affect on 29 April 2015. Here’s what your conveyancer wants you to know …
The changes will affect pool owners who are wanting to sell their home, investors who rent out a home with a pool, as well as those who live in, or are looking to buy a house with a pool.
- If you are selling your property, from 29 April 2015 you must apply for and obtain a Swimming Pool Compliance Certificate to be attached to the Contract for Sale.
- If you own a property with a pool that you are leasing, from 29 April 2015 you must apply for and obtain a Swimming Pool Compliance Certificate and provide a copy to the tenant and real estate agent managing the property.
- If you own a strata property, the Owners Corporation must register any pool on the common property. It is advisable that they apply for a Swimming Pool Compliance Certificate. This also applies to properties in community and neighbourhood schemes.
- General Pool Owners:
- Swimming pool and spa pool owners are required to register their pools on an online Register to be provided by the NSW State Government. Owners are required to self-assess and state that their pool complies with the applicable standards when registering. A swimming pool compliance certificate is valid for 3 years.
- The NSW Swimming Pool Register is available at www.swimmingpoolregister.nsw.gov.au.
Owners must register their pools by no later than 29 October 2013. There is a penalty for owners who fail to do so. Owners may also register their pools via their local council.
You can apply for a Swimming Pool Compliance Certificate at your local council or with an accredited certifier and there is a fee involved.
- If you are installing a new pool, you should ask the pool installer to provide a Compliance Certificate prior to making the last payment for the pool.
From 29 April 2015 Local Councils will start inspecting pools in their jurisdiction for compliance. The fine for not having a certificate of compliance is $220.00.
With Drowning being a leading cause of accidental death in young children we think you’ll agree that the changes to this Act are vital.
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The content provided by go go conveyancing in this article is intended to provide a general guide and is not intended as Legal Advice. Specialist advice should be sought about your specific circumstances.