In the past few years new laws have been introduced to ensure that swimming pool safety is upheld within the community.
All pool/spa owners are required to register their pool/spa on the online register at http://www.swimmingpoolregister.nsw.gov.au/ and complete a self-assessment of their pool as part of this process. Fines may apply if pools remain unregistered.
By April 29 this year, every property with a swimming pool or spa (including strata properties) to be sold or leased was to require a certificate of compliance. Without a valid certificate of compliance, Purchasers would be able to rescind the Contract at any time within 14 days of exchange, and Residential Tenancy Agreements may not have been able to be entered into or renewed.
However, the NSW Government has now announced that a 12 month extension until 29 April 2016 will be granted to allow time for pool owners to apply for certificates of compliance before selling or leasing their property.
The Government is encouraging all owners of properties with a pool or spa looking to sell or lease their property to apply for a Certificate of Compliance now in readiness for the deadline next year.
Some important facts to note are:
- A ‘pool’ is defined as an excavation, structure or vessel that is capable of being filled with water to a depth greater than 300 millimetres; and is solely or principally used, or designed, manufactured or adapted to be solely or principally used for the purpose of swimming, wading, paddling or any other human aquatic activity.
- A swimming pool certificate of compliance certifies that the pool and its barrier meet the safety requirements.
- Compliance certificates are valid for a period of three years.
- In the case of pools on strata/community properties, it is the Owners Corporation’s responsibility to apply for and obtain a certificate of compliance on behalf of all strata owners.
- Certificates are obtainable from your local council or an accredited certifier.
- Click here to find an Accredited Certifier.
- You can search the online swimming pool register to find out if a pool has been registered and/or received a certificate of compliance.
If you are looking to sell or lease your property in 2016, Austin Giugni Martin recommends that you begin your application for a Certificate of Compliance this year to prevent complications in 2016.
For further information relating to the above article please contact Elena Arifin on (02) 8076 4539.
This publication is intended only to provide a summary of the subject matter covered. It does not purport to be comprehensive or to render legal advice. The publication reflects the law at the date the publication was written, which may differ at the date the publication is being read. No reader should act on the basis of any matter contained in this publication without first obtaining specific professional advice.
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