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Conveyancing update – swimming pool certification

Provisions that require a property with a swimming pool to have a certificate of compliance before it can be sold or leased will now commence on 29 April 2016. This means that pool owners will have more time to ensure swimming pool barrier compliance prior to the sale or lease of their property.

Pool owners should contact their local council or private certifier early to organise a compliance inspection and ensure their pool/spa is compliant by 29 April 2016.

An Occupation Certificate that is less than three years old and that authorises the use of the swimming pool can take the place of a certificate of compliance. If such an Occupation Certificate is annexed to the Contract for Sale, the swimming pool registration certificate (created when the pool was registered on the NSW Swimming Pool Register) should also be provided.

A valid swimming pool certificate of compliance must be attached to the contract for sale of properties with a swimming pool or spa pool from 29 April 2016. Therefore, from 29 April 2016, when a property with a swimming pool is being sold, a valid swimming pool certificate of compliance (or an occupation certificate issued within the last three years) and a valid Certificate of Registration must be attached to the Contract for the Sale of Land. Failure to attach the certificate means that the purchaser may be entitled to rescind the Contract at any time within 14 days of exchange, unless settlement has already occurred.