Since 20 April 2013, pool owners must register their pools using the online registry set up by the NSW State Government. The Swimming Pools Act 1992 defines pools that must be registered, which includes a spa pool.
From 29 April 2015 further requirements with respect to contracts for sale of land and residential tenancy agreements are enforceable for properties containing a pool.
Selling a property with a pool
Any contract for sale of land where the land contains a pool must attach the following prescribed documents:
- A valid certificate of compliance issued by the council or an accredited certifier under the Swimming Pools Amendment Act 2012 (the Act); or
- A relevant occupation certificate and evidence that the swimming pool is registered under the Act.
If the above requirements are not met, the purchaser will have a right to rescind the contract within 14 days after the exchange of contracts. These laws affect any contracts entered into after 29 April 2015.
Leasing a property with a pool
For any residential tenancy agreement entered into where the property being leased contains a pool, the property owner must ensure the following:-
- The pool is registered;
- The pool has a valid certificate of compliance; and
- The tenant receives a copy of the certificate of compliance.
Contact us to find out more or to arrange a consultation with an experienced lawyer in Sydney CBD.