Are you looking at buying a property with a pool? Pools can be a wonderful addition to a home, but some laws came into effect in 2016 that need to be observed when you are buying, selling or leasing a property.
NSW Fair Trading
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool in NSW. The new laws have an impact on anyone who is selling, buying or leasing a property with a pool.
These changes have been introduced to further protect the safety of children under five around backyard swimming pools.
Properties to be sold with a pool must have:
- A certificate of compliance; or
- A relevant occupation certificate and a certificate of registration; or
- A certificate of non-compliance.
Properties to be leased with a pool must have:
- A certificate of compliance; or
- A relevant occupation certificate and a certificate of registration
What is exempt?
These new laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016.
Your obligations:
- At the request of the owner, inspect the swimming pool barrier.
- If the pool barrier is compliant, issue a certificate of compliance within three days of the inspection date.
- If the pool barrier is non-compliant, issue a written notice under section 22E of the NSW Swimming Pools Act 1992 and a certificate of non-compliance within seven days of the inspection date.
- Certificates of compliance, certificates of non-compliance and registration certificates are only valid when issued by the NSW Swimming Pools Register.
- The local council must be notified immediately if you are of the opinion that the swimming pool poses a significant risk to public safety.
- A copy of section 22E written notice should be provided to the relevant local council:
- Immediately where the pool poses a significant risk to public safety; or
- Within five days after the expiry of six weeks from the date of inspection if the owner fails to rectify pool barrier non-compliance.
Properties to be sold with a pool must have
- A certificate of compliance; or
- A relevant occupation certificate and a certificate of registration; or
- A certificate of non-compliance.
Properties to be leased with a pool must have:
- A certificate of compliance; or
- A relevant occupation certificate and a certificate of registration.
What is exempt?
These new laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes. This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016.
Information sourced from Fair Trading NSW
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