In NSW, if you are thinking of selling or leasing a property with a swimming pool or spa on or after 29 April 2016, you need to be aware of the new requirements. This includes a valid Certificate of Compliance or a relevant Occupation Certificate.
Where a Certificate of Compliance cannot be obtained, the seller will be able to transfer the responsibility to obtain a Certificate of Compliance to the buyer. The transfer will be realised through the attachment of a Certificate of Non-compliance to the Contract of Sale. The buyer will then have ninety (90) days from the date of settlement to rectify defects listed in the Certificate of Non-compliance and obtain a Certificate of Compliance.
What are the requirements when selling a property with a swimming pool or spa?
After 29 April 2016, the following will be prescribed if the contract relates to land on which there is a swimming pool:
- A valid Certificate of Compliance issued under the Swimming Pools Act 1992;
- A relevant Occupation Certificate and evidence that the swimming pool is registered under the Swimming Pools Act 1992; and
- A valid Certificate of Non-compliance issued under the Swimming Pools Regulation 2008.
Are any exemptions?
These provisions will not apply if:
- The contract relates to a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises more than two lots; or
- The contract is an off the plan contract (within the meaning of section 66ZL of the Conveyancing Act 1919).
What are the requirements when leasing a property with a swimming pool or spa?
When leasing a property with a swimming pool, the landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with. The landlord agrees to ensure that at the time that this Residential Tenancy Agreement is entered into, the swimming pool on the residential premises is registered under the Swimming Pools Act 1992 and has a valid Certificate of Compliance under that Act or a relevant Occupation Certificate within the meaning of that Act and a copy of that valid Certificate of Compliance or relevant Occupation Certificate is provided to the tenant.
These provisions will not apply if:
- The swimming pool is situated on a land in a strata scheme (within the meaning of the Strata Schemes Management Act 1996); or
- In a community scheme (within the meaning of the Community Land Development Act 1989); and
- That Strata or community scheme comprises more than two lots.
For further information or advice concerning the changes to the swimming pool regulations, contact the experienced team at Rockliffs Lawyers today.