Mosman Blog

As you may be aware, new rules regarding swimming pools and spas came into effect in New South Wales on 29 April. These new regulations will affect anyone who is planning to sell or lease out their home. In this newsletter, we outline the new rules and explain how to obtain the necessary Certificate of Compliance.

Why have the rules been brought in?

Rules have changed because drowning is the biggest cause of accidental death for small children. Most drownings occur in backyard swimming pools. The new laws are meant to reduce the risk of accidents occurring.

Required documents

Any for-sale land containing a swimming pool or spa now requires the following documentation before the signing of contracts:

• A valid Certificate of Compliance, issued under the Swimming Pools Act 1992
• An Occupation Certificate showing that the pool is registered under the Swimming Pools Act 1992
• A valid Certificate of Non-Compliance, issued under the Swimming Pools Regulation 2008

Certificate of Compliance

All properties for sale or lease with a pool or spa in their backyard now require a Certificate of Compliance. The Certificate of Compliance can be obtained through the local council or through an independent accredited certifier registered with the Building Professionals Board. The Certificate of Compliance proves that the pool or spa complies with NSW regulations, including those regarding fencing and child barriers.

What happens if I want to sell my property?

When selling your property, the Certificate of Compliance must now be attached to the contract.

What happens if I can’t obtain the Certificate of Compliance?

If your pool or spa fails the inspection, or if there isn’t time to obtain the Certificate of Compliance before the transfer of the property to a new buyer, a Certificate of Non-Compliance must be attached to the contract. The responsibility of obtaining a Certificate of Compliance then moves to the buyer.

The Certificate of Non-Compliance will list the reasons why the pool or spa does not comply with the regulations. The buyer then has 90 days from settlement in which to remedy the defects listed.

What happens if I want to lease out my property?

Landlords now need to produce a Certificate of Compliance at the time of tenancy agreement. A copy of the Certificate of Compliance should be given to the tenant. Landlords should also ensure that the pool or spa’s child barrier is maintained at all times.

Allow enough time

If you’re thinking of selling your property, make sure you allow plenty of time to obtain the Certificate of Compliance before listing. Many councils have advised that it can take up to 90 days before a pool becomes compliant. Additionally, there is some anecdotal evidence that 95% of pools fail the first inspection.

Does the property I’m interested in have a Certificate of Compliance?

Interested in buying or renting a property with a swimming pool or spa? You can check whether it has a Certificate of Compliance by accessing the NSW Register here and selecting ‘Lookup Pool’.

Exemptions

Note that these new regulations do not apply to properties with more than two lots and a shared pool – for example, units in strata complexes or community schemes.

Feel free to contact Raine & Horne with any general questions you may have. Our expert team is also happy to talk to you about investment opportunities available through Raine & Horne and to offer bespoke advice.