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PO Box 16 South West Rocks NSW 2431

T 02 6566 6250

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PO Box 161 Kempsey NSW 2440

T 02 6562 3300

New swimming pool laws for homes

If you home has a swimming pool, then you need to be aware of the new swimming pool laws for homes.

The new swimming pool certification requirements apply to strata and community titles, and will impact on the lease or sale of land contracts for premises with pools.

Changes to the Swimming Pools Act 1992 (the Act) has produced some uncertainty with regards to the applications of the new sale and leasing requirements within strata context. More specifically, it is uncertain whether an owner seeking to sell or lease their lot within a strata or community scheme is required to provide a certificate of compliance for a swimming pool located on the common property or association property within the scheme.

Strata and community scheme managers and real estate agents in NSW are encouraged to familiarise themselves with the new provisions and in particular the requirement for an owner to register their swimming pool and obtain a valid compliance certificate in preparation for the new prescribed documents for sale and leasing which were to commence from 29 April 2014 but commencement has now been deferred until April 2015 to allow further time for compliance.

The Division of Local Government recently released fact sheets titled “Leasing a property with a Swimming Pool or Spa Pool” and “Selling a Property with a Swimming Pool or Spa”, which confirm its position that the new sale and leasing requirements are intended to apply to lot owners in the context of strata and community schemes.

Swimming pool laws:
• New swimming pool requirements commence April 2015.
• All private swimming pools must be registered online with the Online Swimming Pools Register.
• The laws apply to strata and community schemes.
• Contracts for lease or sale of land must include a compliance certificate or occupation certificate.
• New laws also apply to owners of swimming pools situated on Crown leases.