Bathurst Blog

A residential property cannot be advertised for sale until a contract of sale has been prepared by your solicitor or conveyancer. The contract must contain a copy of the title documents, a drainage diagram and a current Zoning Certificate (s 149) issued by the local council.

If the property for sale has a swimming or spa pool, one of the following must also be attached to the contract from 29 April 2016:   

• a copy of a valid certificate of compliance, or
• a valid occupation certificate (issued in the past 3 years) and evidence that the pool has been registered, or
• a valid certificate of non-compliance.

This requirement doesn’t apply to a lot in strata or community schemes that have more than two lots, or for any off-the-plan contract.

If you fail to attach one of these documents to the sales contract, the purchaser may be entitled to rescind the sales contract within 14 days of exchange, unless settlement has already occurred. To check if the property with a swimming/spa pool has a valid certificate of compliance, visit the NSW Swimming Pool Register website.

Property exclusions must also be included and a statement of the buyer’s cooling-off rights must be attached. It is unwise to conceal and hidden defect or property affectation of which you are aware.