Here are the most important things to keep in mind when selling a property with a pool:
If you are selling a property with a swimming pool and/or spa, the Conveyancing Regulation Act 2010 will now require you to attach a copy of either:
- A valid certificate of compliance issued under the Swimming Pools Act; or
- An occupation certificate within the meaning of the Swimming Pools Act and evidence that the swimming pool is registered under Part 3A of the Act.
If your contract for sale includes a certificate notifying the purchaser that your property’s swimming pool or spa is non-compliant, the responsibility for ensuring compliance shifts to the purchaser (who will then have 60 days from the date of settlement to obtain a certificate of compliance or risk fines).
If you are a prospective purchaser of a property after 29 April 2016 (and a compliance certificate or confirmation of the swimming pool or spa registration is not included as an attachment to the contract of sale), then you may be able to rescind the contract.
According to a 2016 Fairfax survey roughly 75% of swimming pools and spa’s are currently non-compliant.
Only a local council or a private accredited certifier can inspect the barrier around your swimming pool and issue a certificate of compliance in NSW. Once you have obtained a compliance certificate under the Swimming Pools Act it will be valid for three years. As property specialists Fox & Staniland Lawyers can help you make your property transactions run smoother and help you avoid fines.