Are you buying or selling property with a pool? You need to read this!

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31 May, 2016
Posted by: Family Focus Legal
Buying or selling real estate that has a swimming pool can add an additional level of stress to any property transaction. Has the pool been constructed correctly? Are there any leaks? Is it fenced correctly?

The legislation has changed!

On 29 April 2016 changes made to the Swimming Pools Act 1992 came into effect. These changes impact the requirements surrounding pool fences on all properties exchanged or listed for sale on or before 29 April 2016. This means you need to include additional information in a Contract for sale.


What do the new changes mean?

From 29 April 2016, any property that is listed or exchanged for sale that has a swimming pool on the land must:-

  1. Attach a valid Certificate of Compliance to the sale contract; or in the alternate
  2. Attach a Certificate of Non-Compliance.


Are there any exemptions?

 Yes! The legislations changes do not apply to:-

-          Strata and community schemes in excess of two land lots; and

-          ‘Off-the-plan’ contracts for sale.


What if the sale contract doesn’t have a certificate?

If you are issued with a Contract of Sale for a property that has a swimming without a Certificate of Compliance or Certificate of Non-Compliance the contract will be considered invalid and will provide an option for the Purchaser to rescind or ‘get out of’ the contract for sale.

Whenever buying or selling real estate it is essential that you obtain current and accurate legal advice. If you need assistance with a conveyancing matter call Family Focus Legal on 02 4655 4224 or email This email address is being protected from spambots. You need JavaScript enabled to view it. for help today!

Are you buying or selling property with a pool? You need to read this!


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