Russell Kelly & Associates · Norwest NSW
Swimming Pool Laws
Selling a Property with a Swimming Pool in NSW
If you are selling a property in New South Wales that has a swimming pool or spa pool, specific documentation may need to be included in the contract for sale.
These requirements should be considered when the contract is being prepared, rather than waiting until a purchaser has been found.
What Pool Documents Are Required for a Sale?
For an applicable property with a swimming pool or spa pool, the contract for sale must generally include evidence that the pool is registered together with the required compliance documentation.
Depending upon the circumstances, the contract will generally include one of the following:
- a valid certificate of compliance;
- a relevant occupation certificate together with evidence that the swimming pool is registered; or
- a valid certificate of non-compliance.
The documentation required will depend upon the property and circumstances of the sale.
Swimming Pool Registration
Swimming pools and spa pools in NSW are required to be registered on the NSW Swimming Pool Register.
Registration of a pool does not, by itself, mean that the pool complies with the applicable safety requirements.
Compliance is assessed separately through the relevant inspection and certification process. See the current NSW Government swimming pool owner obligations.
Certificate of Compliance
A certificate of compliance may be issued following an inspection where the swimming pool satisfies the applicable requirements.
A swimming pool certificate of compliance is generally valid for three years from the date it is issued, although it can cease to be valid in particular circumstances.
Certificate of Non-Compliance
A property can, in certain circumstances, be sold with a valid certificate of non-compliance attached to the contract.
If a certificate of non-compliance is attached, the purchaser generally takes responsibility for rectifying the identified defects and obtaining a certificate of compliance within 90 days after settlement.
Different consequences can apply where the certificate identifies a significant risk to public safety, so the particular certificate should be reviewed carefully.
What Happens if the Required Documents Are Missing?
Failure to include the required swimming pool documentation in an applicable contract can give the purchaser a right to rescind the contract.
Under the current NSW requirements, a purchaser may be entitled to rescind within 14 days after exchange if the required documentation was not attached, provided settlement has not already occurred.
This makes it important for vendors to address swimming pool documentation when preparing the contract for sale.
Exceptions for Some Strata and Community Schemes
The contract requirements do not apply in the same way to every property containing or having access to a swimming pool.
There is an exception for a lot in a strata scheme or community scheme where the scheme comprises more than two lots.
There is also an exception for off-the-plan contracts.
Arrange Pool Documentation Early
Vendors should consider the swimming pool requirements early in the sale process.
An inspection may identify work that needs to be carried out before a certificate of compliance can be issued. Addressing the issue early can reduce the risk of pool documentation delaying preparation of the contract or the proposed sale.
Buying a Property with a Swimming Pool
Purchasers should review the swimming pool documentation included in the contract before committing to the purchase.
If a certificate of non-compliance is attached, the purchaser should understand the defects identified and the potential responsibility and cost involved in bringing the pool into compliance after settlement.
Swimming Pools and Conveyancing
Swimming pool documentation is one of a number of matters that may need to be considered when preparing or reviewing a NSW contract for sale.
Learn more about our Property Law and Conveyancing services.
Speak to Russell Kelly & Associates
If you are buying or selling a property with a swimming pool or spa pool, Russell Kelly & Associates can advise you about the contract and conveyancing requirements relevant to your transaction.
This information is general in nature. Swimming pool requirements depend upon the property, applicable legislation and circumstances of the transaction.