Are you looking to sell or lease a property with a pool or spa?
The recent crackdown on swimming pool health and safety means that from 29 April 2016 all New South Wales properties with pools and spas must hold a valid Pool Certificate of Compliance or a relevant Occupation Certificate before the property is leased or sold.
Does this apply to me?
If you are the owner of a property with a swimming pool or spa, this law applies to you. This relates to both residential and accommodation style properties.
If your property is part of a strata or community scheme, the responsibility for pool safety falls onto the owner’s corporation (body corporate).
What is the definition of a “pool”?
A swimming pool or spa is defined as any structure or vessel that can contain a depth of more than 300mm of water. This includes in ground, above ground, indoor etc.
What is a Certificate of Compliance?
A Certificate of Compliance is a document that certifies that the pool/spa and fencing barrier meet current safety regulations. The certificate will remain valid for 3 years from the date issued.
How do I get a Certificate of Compliance?
Contact your local council or an accredited certifier in your area to carry out an inspection (be sure to check that they are registered with the Building Professionals Board).
As it can take time to bring pools up to the required safety standards, it is recommended that you act promptly if you are hoping to sell or lease your property soon.
What is an Occupation Certificate?
An Occupation Certificate simply authorises the use of the swimming pool. This may only be used if date of issue is less than 3 years ago and must be accompanied by a certificate of pool registration in the event of sale. The Occupation Certificate may be used in place of the Certificate of Compliance if these criteria are met.
When will I need this Certificate?
The valid Certificate of Compliance must be presented with;
- New tenancy agreements after 29 April 2016 – for all properties with pools and spas (not applicable if part of a strata scheme).
- Sales contracts after 29 April 2016 – for all properties with pools and spas.
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For any questions regarding this matter please contact Simone at our office.
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