When selling a property, the contract for sale of land (‘contract’) must provide prospective purchasers with current information about the property. This disclosure requirement includes information about any swimming pool or spa.
Does Your NSW Property Have a Swimming Pool or Spa?
The Swimming Pools Act 1992 (NSW) defines a swimming pool or spa (‘pool’) as an excavation, structure or vessel that is:
Capable of being filled with water to a depth greater than 300 millimetres; and
Solely or principally used, designed, manufactured or adapted for swimming, wading, paddling or another aquatic activity.
Pool Owner Obligations in NSW
If your property has a pool, your obligations include:
Registering the pool on the NSW Swimming Pool Register;
Having appropriate safety measures in place for the pool area; and
Maintaining those safety measures.
This includes having an appropriate safety barrier, such as compliant fencing and gates, around the pool area.
Pool Documents Required in the Contract of Sale
The contract must include a certificate of registration issued from the NSW Swimming Pool Register and one of the following:
a valid Certificate of Compliance;
a relevant Occupation Certificate issued within the previous three years; or
a Certificate of Non-Compliance.
A Certificate of Compliance confirms that the pool and its barrier meet the applicable safety requirements. If the required documents are not included in the contract, the purchaser may rescind the contract within 14 days of exchange, provided settlement has not occurred.
Exceptions for Strata, Community and Off-the-Plan Properties
These requirements do not apply to a lot in a strata or community scheme with more than two lots, or where the contract is for an off-the-plan property.
How to Obtain Pool Compliance Certificates
If you are unsure whether your pool is compliant, use the NSW Swimming Pool Register to search for the property. If the pool is registered, the search may provide a registration certificate and any current Certificate of Compliance or Non-Compliance.
Certificates of Compliance and Non-Compliance are issued following an inspection by a local council or registered certifier and recorded on the NSW Swimming Pool Register. A Certificate of Compliance is valid for three years from the date of issue, while a Certificate of Non-Compliance is valid for 12 months. Before selling, the owner may need to arrange a pool inspection.
What If the Pool Is Not Compliant?
If a Certificate of Non-Compliance is included in the contract, responsibility for meeting the pool safety requirements generally passes from the vendor to the purchaser. The purchaser must rectify the defects identified in the certificate and obtain a Certificate of Compliance within 90 days of settlement, unless the certificate states that the pool poses a significant risk to public safety.
However, if the relevant council issues a notice requiring the defects to be rectified before settlement, the existing owner is responsible for completing the required work to make the pool compliant, unless otherwise agreed with the purchaser.
How W Legal Group Can Help
If you are selling a property, arranging a home title change or need advice about disclosure requirements, contact W Legal Group’s conveyancing lawyers.
