As spring has sprung and spring selling season is underway, we’d like to provide a reminder about the new swimming pool compliance regime applicable to both properties for sale and properties for lease. These changes have been in force since.
29 April 2016 and represent the culmination of of a series of changes made to the Swimming Pools Act 1992 (the Act) since 2012. We had previously written about the changes prior to their commencement.
When selling a property with a pool or spa, the documents to be attached to a Contract for Sale include:
- a valid certificate of compliance issued under the Act; or
- a relevant occupation certificate and evidence that the pool is registered under the Act; or
- a valid certificate of non-compliance issued under the Swimming Pools Regulation 2008.
The above does not apply for a property in a strata plan or in a community scheme if there are 2 or more lots or for off the plan properties.
If leasing a property with a swimming pool or spa, then the landlord must ensure that the requirements of the Act have been complied with. Before entering into the Residential Tenancy Agreement, the landlord must ensure that:
- the swimming pool is registered under the Act and hold a valid occupation certificate; or
- hold a certificate of compliance; and
- provide a copy of either of the above to the tenant.
As with properties for sale, there are exemptions to the above when leasing a property which includes strata schemes with more than 2 lots and off the plan properties.
Here is a link to the NSW Govt’s information page about these changes which provides a useful guide of the process for all stakeholders and is particularly relevant if you are the owner of a property with a pool or spa and intend on selling your property or leasing the property.
The key message is of course as the owner of a property with a pool or spa you know your obligations and are ensuring compliance. If you have any questions about this new regime please get in touch with us and we can assist in this area.