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Strata schemes with two lots or less must comply with the new swimming pool regulations in NSW, but those with more than two lots are exempt.

The law which comes into effect from 29 April 2016 requires properties with a swimming pool or spa pool not to be sold or leased without a valid certificate of compliance or relevant occupation certificate (or certificate of non-compliance with respect to a sale), unless exempted. 

Although a strata scheme with more than two lots is exempt, it must comply with the local authority’s mandatory pool inspection program.

This is carried out at least once every three years for properties with pools in the local authority’s area (section 22B of the Swimming Pools Act 1992).

A fact sheet released by NSW Fair Trading added that ‘in a strata or community scheme, all the lot owners jointly own any swimming pool or spa pool that is on common property’. 

This means that the owners corporation (or body corporate) is responsible for ensuring such pools are compliant with the Swimming Pools Act 1992’.

The owners corporation is also responsible for registering a pool in a strata complex regardless of how many lots it comprises (Part 3A of the Act). 

For more information about the swimming pool regulations, visit the REINSW hot topics page.