Before buying a property with a swimming pool it is strongly recommended that the pool complies with requirements under the Swimming Pools Act. At the very least, ensure the pool is registered in the NSW Pool Register.
See section below under Pool Barrier Certificate of Non-Compliance for New Owners.
From 29 April 2016 under the Conveyancing (Sale of Land) Regulation 2010 if the contract of sale relates to land on which there is a swimming pool, a copy of either of the following documents (less than 3 years old) is required to be included in the contract in respect of pool barriers:
- Pool Certificate of Non-Compliance
Pool Barrier Certificate of Non-Compliance
The certificate of non-compliance, 1 year validity, is in relation to its use within a Contract of Sale only and DOES NOT provide any exemption for an existing owner from carrying out works required to achieve compliance.
With or without a certificate of non-compliance, the existing pool owner is in breach of the provisions of the Swimming Pools Act 1992 and subject to enforcement action, including the issue of a fine for the pool being non-compliant. This action may involve the Council issuing a Direction under section 23 of the Act to carry out works. So if you have an extended settlement or your settlement is delayed then as the existing owner you are required to carry out the works required for the pool to be compliant with the Swimming Pools Act 1992.
The certificate of non-compliance indicates if the pool is or is not a significant risk to public safety.
Assessed as not a significant risk to public safety
With or without a certificate of non-compliance, the new property owners under clause 18BB of the Swimming Pools Regulation 2008 is provided with a time frame of 90 days from the property acquisition date to carry out the works required for the pool barrier to be compliant. After the 90 days the new owners are open to enforcement action where the pool barrier remains non-compliant.
Assessed as a significant risk to public safety
With or without a certificate of non-compliance, the new owners do not receive any additional time frame to carry out the works and open to enforcement action where the pool barrier remains non-compliant.
It is the landlord's responsibility to ensure that the requirements of the Swimming Pools Act have been complied with in respect of the swimming pool on the residential premises.
From 29 April 2016 swimming pool owners will be required to provide the tenant one of the following with the leasing agreement before being able to lease a property with a pool.
If you live in a property with a pool you must ensure all doors and gates are kept securely closed. If pool fences require repair, it should