If you are selling a property in NSW with a swimming pool (or a spa pool), there are now certain requirements that need to be met:
- The swimming pool (or spa pool) must be registered on the NSW Swimming Pools Register. To register, go to http://www.swimmingpoolregister.nsw.gov.au/
- A valid certificate of compliance, or an occupation certificate or a valid certificate of non-compliance must be attached to the Contract for Sale. The only exceptions to this rule are the sale of a lot in a strata scheme or community scheme with more than 2 lots or the sale of a lot off-the-plan.
The following points help to clarify these rules:
- The rules apply to any excavation, structure or vessel (including inflatable pools) capable of being filled with water to a depth greater than 30cm,
- The certificate described in item 2 above is a “prescribed document” to the contract, which means that if it is not attached, then the contract may be rescinded by the purchaser any time within 14 days of the exchange date,
- The certificate of compliance (or non-compliance) can be issued by the local council or by an accredited private certifier. Here is a list of accredited private certifiers in NSW … Private Certifiers 9-9-16.pdf
- The certificate of compliance or occupation certificate is only valid if it was issued within the last 3 years,
- If a certificate of non-compliance is attached to the contract, the vendor is effectively transferring the obligation to get a certificate of compliance to the purchaser, who will have 90 days from the settlement date to do so,
- A certificate of compliance or non-compliance implies that the pool is registered but if an occupation certificate is used, evidence that the pool is registered must also be attached to the contract,
- For a checklist on fencing requirements for all types of pools and spas, go to http://www.swimmingpoolregister.nsw.gov.au/checklists
If you’d like to know more about your legal requirements with regard to selling a property with a swimming pool, then come and talk to us at All About Conveyancing.