Whether you are selling or buying a property with a swimming pool in NSW, you need to be aware of the regulatory requirements regarding pool safety. These requirements extend to mandatory disclosures in contracts for sale of land.
Our experienced, professional and friendly team at Craddock Murray Neumann have a range of Property Lawyers can help you to make sure that your legal interests are protected when selling or buying a property with a swimming pool.
Regulation of swimming pools in NSW
The Swimming Pools Act 1992 and the regulations made under it impose obligations on owners of swimming pools to register the pool on the NSW Pool Register and to obtain a Certificate of Compliance or an Occupation Certificate to certify that the pool complies with specific safety requirements.
Selling
If you are selling a property that has a swimming pool (other than a property within a strata scheme or one that is being sold ‘off the plan’), it is a mandatory requirement under the Conveyancing (Sale of Land) Regulation 2017 for the contract for sale to attach a copy of one of the following documents in respect of the swimming pool:
- A valid Certificate of Compliance
- A valid Occupation Certificate (less than three (3) years old) authorising the use of the swimming pool
- A valid Certificate of Non-Compliance (valid for one (1) year from issue date)
It is therefore essential that your solicitor attends to this and provides you with any advice you may need about it.
Buying
Before buying a property in NSW with a swimming pool, it is strongly recommended that the pool should comply with requirements under the Swimming Pools Act 1992. At the very least, you should ensure that the pool is registered in the NSW Pool Register.
As noted above, the contract for sale is required to have evidence of registration and compliance or non-compliance attached to it.
Attachment of Certificate of Non-Compliance
Please note that by the attachment of a certificate of non-compliance to the contract:
- the seller will be able to transfer the responsibility to obtain a certificate of compliance to the buyer; and
- the buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
Existing Owners
With or without a certificate of non-compliance, the existing pool owner is in breach of the provisions of the Swimming Pools Act 1992 and subject to enforcement action, including the issue of a fine for the pool being non-compliant. This action may involve the Council issuing a Direction under section 23 of the Act to carry out works.
If you have an extended settlement or your settlement is delayed then as the existing owner you are required to carry out the works required for the pool to be compliant with the Swimming Pools Act 1992.
New Owners
The certificate of non-compliance indicates whether the pool is or is not a significant risk to public safety.
If it is assessed as not being a significant risk to public safety:
- With or without a certificate of non-compliance, the new property owner is provided with a time frame of 90 days from the property acquisition date to carry out the works required for the pool barrier to be compliant, after which the new owners are open to enforcement action where the pool barrier remains non-compliant.
If it is assessed as a significant risk to public safety:
- With or without a certificate of non-compliance, the new owners do not receive any additional time frame to carry out the works and open to enforcement action where the pool barrier remains non-compliant.
Renting/Leasing
It is the landlord’s responsibility to ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises.
Swimming pool owners will be required to provide the tenant one of the following with the leasing agreement before being able to lease a property with a pool:
- a valid Certificate of Compliance.
- a valid Occupation Certificate (less than three (3) years old) authorising the use of the swimming pool.
Renter’s responsibilities
If you live in a property with a pool you must ensure all doors and gates are kept securely closed. If pool fences require repair, it should be reported without delay to the owner/agent.
How Craddock Murray Neumann Lawyers can help you
Over the years, the property team at Craddock Murray Neumann has assisted many clients in relation to buying and selling residential, strata, company title, commercial, industrial and rural properties.
For more information on how our property lawyers can help you with buying a property, please contact our team at craddock@craddock.com.au