If the appropriate documents are not provided, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred.
Where an agent is leasing a property, a copy of the valid compliance certificate or relevant occupation certificate (as the case may be) must be given to the tenant at the time of entering into the residential tenancy agreement.
How is a certificate issued?
A certificate of compliance or non-compliance must be issued by a swimming pool certifier and inspector, so there is no form for property agents or owners to download.
To obtain a certificate, you can either contact your local council or a private accredited certifier listed on the Swimming Pool Register.
A certificate of compliance or relevant occupation certificate is valid for three years, and a certificate of non-compliance is valid for 12 months.
Number of private certifiers
REINSW enquiries to the NSW Government revealed that it believes there are enough private certifiers and council pool inspectors to meet demand.
As of 26 April 2016 there were 245 private certifiers listed on the Swimming Pool Register. This included 152 certifiers in a specialised ‘E1’ category for swimming pool certification, and 93 accredited building surveyors who also certify swimming pools.
There are also a number of pool inspectors who work for local councils who are not included on the list.
How much does a certificate cost?
The most a council can charge is $250 in total - $150 for the first inspection and $100 for the second. Private certifiers set their own fees.
Councils also have the power to issue on-the-spot fines or take other enforcement action if a pool continues to fail inspections.
For more information on the changes to swimming pool laws, along with guidelines and factsheets, visit our Swimming Pool "Hot Topics" page by clicking here.
Also we're talking swimming pools at our Roadshow which is visiting towns across NSW from April to July 2016. To find out when they are in your area please click here.