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Swimming pool compliance deadline looming

31 October 2014
The delayed deadline to comply with provisions requiring a property with a swimming pool to have a certificate of compliance before it is sold or leased is fast approaching.

All properties with a swimming pool or spa pool being sold or leased on or after 29 April 2015 must have a valid certificate of compliance or relevant occupation certificate. This includes any property with a swimming pool that is on the market before the deadline because the certificate must be annexed to the Contract for Sale and Purchase of Land. Such properties cannot be advertised for sale if a valid certificate is not in place.

REINSW lobbied for the government to extend the original deadline due to the overwhelming number of pool and spa pools in NSW.

REINSW CEO Tim McKibbin previously said the additional time would allow the smooth implementation of the new procedures, if agents do not delay on their side.

“With some 300,000 pools and spas across the State, REINSW suggested that some transitional procedures be implemented as part of the commencement of the obligation. We were pleased when the delay was announced but now worry agents will leave it too late,” Mr McKibbin said.

“I urge agents to systematically work through the properties they are responsible for and ask their clients to obtain these certificates now, as the certificate only has a three-year life cycle.”

According to the Office of Local Government, compliance certificates are taking 90 days to obtain and 95 per cent of pools are non-compliant after the first inspection.

Selling a property
Before listing a property for sale, a valid certificate of registration and a valid certificate of compliance (or relevant occupation certificate issued within the last three years) must be annexed to the Contract for Sale and Purchase of Land if there is a swimming pool or spa pool present. Failure to to do so may allow the purchaser to rescind the Contract within 14 days if exchanged after the 29 April 2015, unless settlement has occurred.

Leasing a property
In the case of a property for lease with a pool, the pool must be registered and it must have a valid certificate of compliance (or occupation certificate issued within the last three years) at the time the Residential Tenancy Agreement is entered into and copy of that certificate must be given to the tenant. Property managers should ensure the pool has a valid compliance certificate or occupation certificate and is registered before a new lease is entered into.

Strata and community title schemes
In the case of strata schemes, where there is a swimming pool or spa pool on common property, it is the Owners Corporation’s obligation to ensure there is a valid certificate of compliance or occupation. With respect to community title schemes, a community association is responsible for ensuring a certificate is obtained.

For more information visit www.swimmingpoolregister.nsw.gov.au