Did you know that the new laws for selling a property with a swimming pool in NSW came into effect last month on 29 April 2016? You probably did, yet I still find that owners are confused or unaware of the ramifications if they do not have the appropriate certificates in their contract for sale.
These new laws impact anyone who is selling, buying or leasing a property with a pool.
If you are selling a property with a pool, your contract for the sale of land must have one of the following attached:
A certificate of compliance; or
A relevant occupation certificate and a certificate of registration; or
A certificate of non-compliance.
If your contract for the sale of land is incomplete and the certificate is not attached, you could loose your buyer. Even if the contracts have exchanged, the buyer can still rescind the contract for the sale of land.
The only exemption to these new laws are properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.
According to the Office of Local Government, "councils and private certifiers are still finding that over 95% of swimming pool fences are failing to pass their first inspection". With this in mind, it is recommended that homeowners use the online checklist and rectify problems before arranging for an inspection. This could prevent any follow-ups if problems are discovered during the inspection and more importantly prevent the death of a little one under the age of 5.
Your swimming pool self-assessment checklists can be found at http://www.swimmingpoolregister.nsw.gov.au/checklists