Selling your house with a pool? Do you know your responsibilities?

15 October, 2018
Posted by: Amy Duguid
Are you the owner of a residential property in NSW with a swimming pool or spa which is capable of being filled with water to a depth of 30cm or greater?

If you are planning on selling your property it is a requirement that certain documents relating to your pool or spa are attached to your contract for sale.

You are responsible as the owner to ensure that your pool and/or spa are compliant with the Swimming Pools Act 1992 and the following certificates are required;

  • Certificate of Registration evidencing that the pool or spa is registered with the NSW Swimming Pool Register. This can be done online by the owner or by paying a fee to Council and they attend to the registration fee on your behalf;

and

  • Certificate of Compliance

Or

  • Certificate of Non-Compliance

Or

  • Occupation Certificate issued within the last 3 years

An inspection of your pool or spa can be arranged by contacting your local council, a private certifier, or the Building Professionals Board which is a department of the NSW Fair Trading.

If and when a Certificate of non-compliance is issued, you will also receive a report or list of defects or items that need to be rectified and will be provided with 90 days to rectify the defects.

If the Certificate of non-compliance is attached to the contract, you are then transferring the obligation of obtaining the Compliance certificate to the Purchaser.       

The purchaser sometimes requests that you as the owner provide them with the compliance certificate on or before settlement, and if agreed by you, it is usually added to the contract as a special condition that you must comply with.

If the certificates are not attached to the contract for sale, the Purchaser may be able to rescind the contract within 14 days from exchange (provided settlement has not occurred).

If you own a property with a swimming pool and you are renting it out, a Certificate of Compliance or Occupation Certificate as stated above together with the Registration Certificate must be produced to the tenant. A certificate of non-compliance is not accepted as you have an obligation to the tenants to provide them with a safe property.

These laws do not apply if your property is part of a Strata or Community Title as the pool certificates are the responsibility of the Body Corporate.

It is a good idea to do your best to have your swimming pool as compliant as possible and if you wish to locate a checklist, you should visit swimmingpoolregister.nsw.gov.au . Please note that there are different requirements and checklist depending on when your pool or spa was constructed.

Selling your house with a pool? Do you know your responsibilities?

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