NSW homeowners advised to swim clear of troubled waters

If you are one of the many homeowners in New South Wales whose pride and joy is a swimming pool or spa pool in your backyard then today (29^th April 2016) represents a significant milestone.

From today, new laws come into play under Schedule 1(16) of the Conveyancing (Sale of Land) Regulation 2010 (NSW) that requires all homeowners selling or leasing a property with a swimming pool in NSW to annex to the contract or lease either,

1. a valid Certificate of Compliance issued under the Swimming Pools Act 1992 (or if the pool barrier is non-compliant, a Certificate of Non-Compliance), or
2. an occupation certificate issued under the Environmental Planning Assessment Act 1979 which is less than 3 years old and evidence that the swimming pool is registered under Part 3A of the Swimming Pools Act 1992.

Failure to comply with this requirement will allow the purchaser to rescind the contract. If a purchaser proceeds with the purchase of a property with a non-compliant pool, the purchaser will have 90 days from settlement to fix any areas of non-compliance.

It is worth noting that these new compliance rules extend to real estate agents selling or leasing properties with a pool.

The above does not, however, apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.

For further information on the changes, see here.

Post by Anne Sandeman