Publications and News

Swimming pool certificates of compliance

7 January 2015

Are you considering selling or leasing your property that has a swimming pool or spa pool? If the answer is yes, consider getting your certificate of compliance now.

Local councils are responsible for promoting swimming pool safety in their local communities which they do through swimming pool inspection programs.

It is important to note that a swimming pool includes any pool with a depth of 30cm or more.

From 29 April 2013, pool owners have been required to register their swimming pools on an online register. If you have not already done so, you should register without delay, penalties may apply (www.swimmingpoolregister.nsw.gov.au).

From the 29 April 2015, all properties being sold or leased with a swimming pool or spa pool need a valid certificate of compliance, or a relevant occupation certificate to be annexed to the Contract for Sale, the Lease or the Residential Tenancy Agreement.

After this date, a property with a pool cannot be advertised for sale or lease if it does not have a valid certificate of compliance or a relevant occupancy certificate.

To obtain a certificate of compliance you will need to contact either your local council or an independent accredited certifier who is registered with the Building Professionals Board. Independent accredited certifiers can be found on the Building Professionals Board website at www.bpb.nsw.gov.au

Evidence suggests that around 95% of pools will fail to obtain a certificate of compliance at the first inspection. Councils advise that it can take up to 90 days to rectify faults in safety barriers before they can issue a certificate of compliance, mainly due to the unavailability of qualified contractors to make any needed repairs or remediation work.

Requirements to obtain a certificate of compliance vary depending on the age of the pool. If you want to view the standards for your pool, contact the council to make an appointment.

To avoid any unnecessary delays in selling or leasing your property, be proactive and give yourself plenty of time.

Get a certificate of compliance now.

If you require further information, please contact us or your local council.

This article is general information only and should not be relied on without obtaining further specific information.

Author: Margot Gill

Margot Gill Property Lawyer / Director

Margot Gill is a Senior Property Lawyer with expertise in property law, rural conveyancing and agribusiness. Margot has a rural background and has.. Learn more about Margot Gill

Click here to contact Margot Gill.
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