New Swimming pool safety laws throws vendors in the deep end.

• Do you own a house with a swimming pool/spa?
• Are you planning on selling or are you currently leasing a house with a swimming pool/spa?

Law Changes are looming to ensure swimming pool safety.

From 29 April 2016 all properties with a swimming pool being sold or leased will need a valid certificate of compliance or relevant occupation certificate.

The leading driver behind these changes to swimming pool safety that swimming pool drownings are the leading cause of preventable deaths in children under 5 years of age

Getting my pool compliant?

If you have an existing pool you will need to have an inspection done by your local council or an approved swimming pool inspector. If your swimming pool passes the officer will issue a certificate of compliance. Be aware that around 95% of pools fail the first time around and it can take up to 90 days before a pool becomes compliant.

If you are building a new pool open completion you will need to obtain a relevant occupation certificate, and register the pool with the NSW Government swimming pool register.

What if my pool isn’t compliant?

If your pool does not meet requirements you will be issued with a certificate of non-compliance that lists your pools defects. You will need to take steps to clear these defects in order to make the pool safe and gain a certificate of compliance.

Where a certificate of compliance can-not be obtained in time for the sale, the seller will need to obtain a certificate of non-compliance and attach that to the contract. The certificate of non-compliance lists the reasons the pool isn’t compliant. This shifts the responsibility to the buyer. The buyer will then have 90 days from the date of settlement to rectify the defects and obtain a certificate of compliance.

Could my property be exempt?

The changes occurring on 29 April 2016 do not apply to strata and community scheme that has more than two lots or off the plan contracts.

What you need to do?

If you are not looking at selling, act now to get in before the rush and contact your local council to book an inspection and ensure that your swimming pool is compliant. Remember that drownings are the leading cause of preventable deaths in children under 5 years of age, there is no better reason to make sure your swimming pool safety is compliant.

If you are a landlord, leasing a property with a swimming pool you must ensure that your pool is compliant at the time of entering into your residential tenancy agreement and provide a copy of the relevant occupation or compliance certificate to your tenant.

If you are thinking of selling the Property Law Team at Duffy Elliott is well equipped to handle all your needs in the sale of properties with swimming pools and spas.