Pool Certificates

Selling or Purchasing a Property with a Pool

Attention is directed to recent changes in the Conveyancing (Sale of Land) Regulation 2010 requiring a warning notice within the contract of sale that the owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992.

A Certificate of Compliance under section 24 of the Swimming Pools Act 1992 is the only available document that an Owner can rely on to ensure that their pool complies.

Purchasers and persons acting on their behalf are strongly advised to request a copy of a Pool Safety Barrier Certificate of Compliance prior to purchasing any property on which any type of pool is situated.

Pool Certificate of Compliance

Under section 24 of the Swimming Pools Act 1992 (the Act) the owner of any premises on which a swimming pool is situated may apply to the council for a certificate of compliance with respect to the swimming pool.
If the council is satisfied that the swimming pool complies with the requirements of the Act , the council must issue to the applicant a certificate to the effect that, as at the date on which it is issued, the swimming pool complies with those requirements

Application form - Pool Certificate of Compliance

Pool Exemption Certificate

Under section 22 of the Act the owner of any premises in or on which a swimming pool is situated, or proposed to be constructed may apply to council for an exemption for the subject pool from all or any of the requirements of the Act .

For an exemption to be granted the council must be satisfied, in the particular circumstances of the case:

• that it is impracticable or unreasonable
  • because of the physical nature of the premises,
  • because of the design or construction of the swimming pool
  • because of special circumstances of a kind recognised by the regulations as justifying the granting of an exemption

for the swimming pool to comply with those requirements, or

• that an alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool

An exemption may be granted unconditionally or subject to such conditions as the council considers appropriate to ensure that effective provision is made for restricting access to the swimming pool.

Application form - Pool Exemption Certificate