As you may be aware, in 2012 the New South Wales Government introduced significant changes to the laws relating to swimming pools. In addition to requiring Councils to develop a program for compulsory inspections of existing swimming pools, and requiring homeowners to register their swimming pools, the laws will soon require all vendors to ensure their pools comply with the legislation.
From 29 April
2014 2015 **, all vendors selling properties on which a swimming pool is located MUST include in the Contract for Sale a Certificate of Compliance. From this date, the Certificate of Compliance will become a “prescribed document” under the vendor’s warranty laws – just as you are required to include a title search, zoning certificate, sewerage diagram etc in your Contract, you will also require a Certificate of Compliance for your swimming pool.
Please note that if you exchange contracts on the sale of your property BEFORE 29 April
20142015 you do not require a Certificate. It is only for contracts which exchange ON or AFTER 29 April 20142015.
If you do not have a Certificate of Compliance by 29 April
20142015 and your property has not yet sold, then legally, it will need to be pulled off the market until you have a Certificate.
To do so, you will need to contact either a private certifier or your local Council.
To find a certifier in your area, go to: http://bpb.nsw.gov.au/page/engaging-a-certifier/find-a-certifier/
For properties located within the Sutherland Shire, you can also make enquiries with http://www.southernsydneybuildingcertifiers.com.au/Home
For more information about the swimming pools laws, go to http://www.swimmingpoolregister.nsw.gov.au/inspection
** Prior to 29 April 2014, the legislators amended the commencement date for the swimming pools legislative changes. It became apparent that many pools were non-compliant on first inspection, and took on average three months to comply and be certified. There are a number of other issues with the legislation to be further discussed, hence why the commencement date has been delayed for 12 months.