News

NEW SWIMMING POOL COMPLIANCE REQUIREMENTS

UPDATE

1. Following an announcement made on 26 February 2015 by the Minister for Local Government Paul Toole, the introduction of the new sale and leasing pool requirements have been extended until 29 April 2016.
2. The extension will allow pool owners to ensure they comply with the new requirements before they sell or lease their property.
3. Contracts for the sale of land or tenancy agreements must include a valid certificate of compliance or occupation certificate with evidence that the swimming pool has been registered on the Swimming Pool Register.
4. New requirements also apply to lot owners in Strata and Community Schemes.
5. High compliance failure rates indicate it can take up to 4 months to obtain a certificate of compliance following first inspection.
6. A swimming pool certificate remains valid for a period of 3 years but ceases to be valid if a direction notice is issued with respect to the pool.

New Requirements for Vendors

• From 29 April 2016, a vendor under a contract for the sale of land must attach to the contract a valid certificate of compliance or occupation certificate with evidence that the swimming pool has been registered on the Swimming Pool Register.
• Failure to attach the document may entitle the purchaser to rescind the contract by notice in writing to the vendor within 14 days after exchange.

New Requirements for Landlords of Residential Tenancy Agreements 

• From 29 April 2016, Landlords must provide tenants with a copy of a valid certificate of compliance or a relevant occupation certificate at the time of entering into the agreement.
• The swimming pool must also be registered on the Swimming Pool Register.
• Failure of a Landlord or the Landlord’s Agent to comply with these requirements will give rise to a breach of the Residential Tenancies Act 2010 (NSW) and could result in a penalty notice of $440 or court imposed penalty of $2,200 for each offence.

Strata and Community Schemes

• From 29 April 2016, individual lot owners of premises within a strata or community scheme must comply with the new sale and leasing requirements if a swimming pool is located on the common property or association property of that scheme and the swimming pool is ‘ancilary’ to their premises.
• Individual lot owners can search the Swimming Pool Register website by inserting the address of the building and downloading a copy of any current certificate of compliance issued with respect to the strata or community scheme.

Useful Links

Search the Swimming Pool Register: www.swimmingpoolregister.nsw.gov.au

For more information visit: www.jemfish.com.au

For further information, please contact:

Elizabeth Pecipajkovski                                                                                         Solicitor                                                                                                       Phone: (02) 9267 6263                                                                                       Email: Elizabeth@jemfish.com.au

Greg Jemmeson                                                                                                   Partner                                                                                                           Phone: (02) 9267 6263                                                                                         Email: Greg@jemfish.com.au