Sale 
From 29 April 2016, a vendor selling a property in NSW with a swimming pool or spa pool must include one of the following in the Contract of Sale:

  • A valid swimming pool certificate of compliance; or
  • A valid occupation certificate issued under the Environmental Planning and Assessment Act 1979 (NSW) that is less than three years old and authorises the use of the swimming pool;  or
  • A valid swimming pool certificate of non-compliance.                                                            

Failure to include the required document may allow a purchaser to rescind the Contract within 14 days of exchange. 

A vendor may sell a property with a non-compliant swimming pool/spa provided they include a valid swimming pool certificate of non-compliance in the Contract of Sale. The inclusion of a swimming pool certificate of non-compliance in a Contract of Sale allows a vendor to disclose the non-compliance of a swimming pool/spa and shift the obligation of ensuring compliance to the purchaser (provided the purchaser is willing to buy under those conditions – this will be a matter of negotiation). The purchaser will have 90 days from settlement to obtain a certificate of compliance. Failure to do so may attract penalties. 

Lease
Under the Residential Tenancies Act 2010 (NSW), landlords who enter an agreement to lease a property with a swimming pool/spa after 29 April 2016 will also face additional obligations. Landlords will be required to:

  • Ensure that the pool is registered with the NSW Swimming Pool Register; and
  • Ensure that a valid certificate of compliance or occupation certificate has been issued in respect of the pool; and
  • Provide a copy of the compliance certificate or occupation certificate to the tenant prior to entering the lease.

Exemptions
These new requirements relating to the sale or lease of a property with a swimming pool/spa will not apply to a lot in a strata or community scheme where the scheme comprises more than two lots or to the sale of off the plan property. 

Inspection Fees
Prior to issuing a swimming pool certificate of compliance or non-compliance, Council will be required to inspect the swimming pool/spa. Albury City Council has set swimming pool inspection fees as follows:

  • Initial Inspection: $150
  • Second inspection (if required): $100

For more information, please contact:

Allison Bruce
Principal
T: 02 6040 0701
E: abruce@harwoodandrews.com.au

Angus McDiarmid
Graduate Lawyer
T: 02 6041 0702
E: amcdiarmid@harwoodandrews.com.au