From the end of April 2015, if you have a property with a swimming pool, before you can sell or lease it, you will need to have a certificate of compliance certifying that the pool and its barrier meet the relevant safety requirements. A change in the law introduced these new requirements.

All swimming pools in NSW also need to be registered with the government on the Swimming Pool Register.

These laws also apply to strata or community title properties, where owners’ corporation needs to register their swimming pools and obtain the certificate of compliance or hold the occupation certificate.

Selling your home with a swimming pool?

A certificate of compliance (or an occupation certificate issued within the past three years) and a valid certificate of registration for the pool must be annexed to the contract for sale of your property. If the certificate is not annexed, the purchaser may rescind the contract at any time within 14 days of exchange.

 Leasing your home with a swimming pool?

Before you lease for home with a swimming pool you must ensure that the pool is be registered and it has valid certificate of compliance (or an occupation certificate issued within the past three years). You must ensure that a valid certificate of compliance exists for the pool before entering into a new residential tenancy agreement or renewing that agreement with an existing tenant. The copy of the certificate of compliance must also be given to the tenant.

This short blog is intended to provide a general guide to the subject matter. Professional legal advice should be sought about your specific circumstances before commencing any course of action.