According to the NSW Fair Trading and the legislation, from 29 April 2015:
- residential properties in NSW with a swimming pool or spa pool cannot be sold; and
- new residential tenancy agreements cannot be entered into for properties with a swimming pool or spa pool
UNLESS they have a valid Certificate of Compliance or relevant Occupation Certificate.
Given the new legislation will apply from 29 April 2015, property owners should start taking steps to obtain a valid Swimming Pools Compliance Certificate well in advance of the commencement and application of the legislation.
No doubt, as we head closer to the date of application, there will be a rush of pool owners applying for the relevant compliance certificates. To obtain a Certificate of Compliance property owners should make enquiries of their Local Council who can provide more information and the relevant forms etc. The Certificate of Compliance can also be issued by an approved Private Certifier.
We suggest all property owners in NSW take steps to obtain the relevant Compliance Certificate if they intend selling or leasing their property in the near future.
According to NSW Fair Trading, there are approximately 95% of NSW swimming pools that are non compliant. With such a high statistic, it would appear that pool owners will need to do some work to make their pools compliant before a Certificate of Compliance can be issued.
If you are looking to sell your property, from 29 April 2015, the relevant Swimming Pool Compliance Certificate will need to be attached to the Contract for Sale.
For more information, contact your Local Council.
Here are some relevant links:
We encourage all our clients and readers who own a property in NSW to address the above issues well before putting their property on the market, so that any necessary work can be done to allow the issue of the Compliance Certificate. If you own a rental property, you should also attend to these matters ASAP just in case your current tenant leaves and you need to release the property.
If you would like to discuss any property related matter, whether buying or selling, contact Dean Carver - Property Lawyer for a confidential discussion before you embark on the process.
Dean Carver
Solicitor
Phone: (02) 9773 4550
