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6/11 Prince of Wales Avenue South West Rocks,
PO Box 16 South West Rocks NSW 2431

T 02 6566 6250

Level 1 22 Belgrave Street Kempsey
PO Box 161 Kempsey NSW 2440

T 02 6562 3300

Swimming pool

Buying a residential property with a swimming pool

Owning a pool is part of the great Aussie dream.

Spending those hot summer days having a BBQ by the pool, what could be better?

Purchasing a property with a swimming pool already installed couldn’t seem any easier. The hard work has already been done!

But has it been done right?

Is the swimming pool compliant?

Did you know there are swimming pool laws and regulations?

If you own a pool, or are considering purchasing a property with a swimming pool…

You need to keep reading!

In 2013 the NSW Government brought in a number of changes relating to swimming pools on private property.

Local councils needed to develop and implement a swimming pool inspection program.

What does this involve?

The swimming pool inspection program involves:

– an application procedure which applies to swimming pools and spas that are situated or installed on premises where a residential building, usable dwelling or tourist accommodation is located.
– Mandatory pool registration by the owner of the premises
– A complete application & fee paid to council prior to the compliance inspection.

Once the pool is inspected & found to be compliant, a certificate of compliance is issued. This certificate is valid for 3 years.

What happens if the pool fails the inspection?

A Pool Certificate of Compliance cannot be issued!

What now?

You may receive a notice specifying what you need to do to fix the issues.

Failing a further inspection you may get a formal notice outlining what you need to fix or you could receive penalty infringement.

The local council may even begin legal proceedings if your pool continues to fail inspections.

Why do these swimming pool laws exist?

In an effort to reduce the significant number of drowning incidents in NSW.

In 2016 new laws were introduced in NSW which apply to the sale or lease of properties with a pool in NSW.

From 29th April 2016 properties sold will a pool must have either:
– A certificate of compliance or,
– A relevant occupation certificate & a certificate of registration or,
– A certificate of non-compliance.

If you buy a property with a non-compliant pool, you will have 90 days from settlement to fix any issues.

How can we help?

At Sheridan Legal, we ensure the pool is compliant before contracts are exchanged. We are ready and available to provide you with advice regarding your purchase. Contact us today.