There have been new pool rules enforced in New South Wales since April 29, 2016. These changes have affected everyone, including landlords who are selling or leasing their home as well as potential tenants looking to rent or even buy.
This Swimming pool Act was implemented to help minimise the number of drownings in NSW. One of the requirements for all swimming pools and spas in NSW is to possess a pool certificate of compliance. This ensures that all swimming pools and spas meet strict safety requirements.
As of 29th April 2016, all properties for sale or lease must possess a valid compliance certificate. This is a notice that after this date, properties in NSW with either a swimming pool or a spa pool must obtain a valid certificate of compliance or a relevant occupation certificate prior to being sold or leased. There are different types of pools that need to follow these new rules.
Which types of pools need to comply with these changes?
A strata or community scheme wherein all the lot owners jointly own any swimming pool or spa pool that is on common property must comply with the new changes. The body corporate is responsible for ensuring the pools are compliant with the Swimming Pools Act 1992.
The Act applies to any excavation or structure, including swimming pools and spa pools that:
- can be filled with water with a depth greater than 30cm, and
- used, designed, manufactured or adapted for swimming, wading, paddling or any other human aquatic activities.
What are the requirements for renting a property with a spa or swimming pool?
The agent or landlord must ensure that swimming pool meets the requirements of the Swimming pool Act 1992 before making an agreement deal for the property. This law is effective as of April 29, 2016 and applies to all properties except those ones that are in a strata lot or on a community schemes of more than 2 lots.
If you are the tenant who is renting a property after April 29, 2016, make sure there is a certificate of compliance for your swimming pool attached to the lease agreement.
What are the compliance requirements for buying or selling a property with a spa or swimming pool in NSW?
If you are planning to buy a new house with a swimming pool, it is the property owner’s responsibility to assure that the pool has met the regulations in NSW prior to the sale, or to ensure that a certificate of non-compliance has been provided with the documents of sale. To sum it up, you must be provided with either of the following:
- A certificate of compliance.
- A certificate of non-compliance.
- Any proof that the pool is currently registered
- and must obtain an occupation certificate issued within 3 years of the sale.
If a certificate is not provided when required, you as the buyer have the right to void the contract within 14 days of exchange, unless you have already settled.
What is a certificate of non-compliance and how will it affect the sale of a property with a swimming pool?
If the swimming pool is not compliant after inspection by council or private certifier, house owner must provide a pool certificate of non-compliance to the buyer, thus passing on all the liability of meeting the legal requirement to the buyer. If this has been included in the documents of sale, it means that the buyer agrees to take on the responsibility. He is then given 90 days to rectify any issues from the date of settlement. They will then need to obtain a valid certificate of compliance to ensure that they have met all requirements in NSW.
Conclusion
If you are thinking on buying or renting a property with swimming pool, you must make sure that the property is compliant with the law before purchasing it. There are certain certificates that you must obtain to ensure your pool is compliant eventually. You should consider the deadline of compliance, in addition to the costs associated with carrying out of inspections by your local council or private certifier.