New Swimming Pool Laws Will Affect Sales and Property Management

The Swimming Pools Amendment Act 2012 was passed by both houses of the NSW Parliament on 23 October 2012.

This Act makes a number of significant changes to the Swimming Pool Act 1992 with consequential amendments to the Conveyancing (Sale of land) Regulation 2010 and the Residential Tenancies Regulation 2010.

For the sale of property it will be a requirement to have a valid certificate of compliance in respect of the pool or a relevant occupation certificate annexed to the contract of sale.

When leasing property a copy of the certificate must be provided to the new tenant. The Residential Tenancy Agreement will be amended to reflect this requirement.

A relevant occupation certificate is defined in the legislation as “an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.”

Both the above requirements will come into force from 23 April 2014.

Other changes include:

  1. Local councils must, by no later than 23 April 2013, develop and adopt a programme for the inspection of swimming pools within its area.
  2. A Register of swimming pools is to be established and administered by the Director General.
  3. By no later than 23 October 2013 local councils must make provision for the initial and subsequent inspection of pools in accordance with their adopted plan.
  4. Swimming pool owners are required to register their pools with their local councils by no later than 23 April 2013.

Property managers should advise their clients who own pools of the requirement to register them by 23 April 2013 and then subsequently ensure that a valid Compliance or Occupation certificate is provided with each new tenancy agreement entered into from 23 April 2014.

Sales staff should also inform prospective vendors of the requirements, having regard to the relevant dates and also check with their solicitor or conveyancer regarding compliance with the provisions.

Click here to access the Swimming Pools Amendment Act 2012.

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