The NSW Government has changed the Swimming Pools Act 1992 (NSW) (SPA) and these changes affect the Conveyancing (Sale of Land) Regulation 2010 (NSW) and the Residential Tenancies Authority 2010 (NSW).
From 29 April 2016 all properties in NSW with a swimming pool or spa pool cannot be sold or leased without a valid certificate of compliance or relevant occupation certificate. Local councils and accredited private certifiers can provide information on how to obtain a certificate.
The new laws affect:
• Residential backyard swimming pools and spas
• Portable pools
• Pools associated with tourist accommodation, movable dwellings and apartment buildings
Requirements from vendors and pool owners in NSW
Pool owners must register each pool by October 2013 on a new Statewide register which will become available in April 2013;
The local authority or an accredited certifier will conduct mandatory inspections every 3 years of the pool and a certificate of compliance will be issued where applicable;
A property with a pool or spa being sold or leased after 29 April 2014 must have a certificate of compliance. The certificate of compliance will be valid for 3 years.
Mandatory inspections will be conducted by councils of tourist accommodation, visitor and multi-occupancy developments with pools every 3 years commencing on 29 April 2014.
Impact on Landlords and Tenants in NSW
Landlords will be responsible for ensuring that (at the time a property with a pool is leased) the pool is registered and has a compliance certificate. The landlord must issue a copy of the compliance certificate to the tenant.
Under the Residential Tenancies Act 2010 (NSW), a landlord must ensure at all times the pool is surrounded
by child resistant barrier. The barrier must be designed, constructed, installed and maintained to the standards prescribed in the swimming pool legislation.
Tenants must notify their property manager or landlord immediately of any damage to the pool area. The tenant must not prop the pool gate open or place furniture, pot plants or BBQ within the non-climbable zone.
Exemptions to the NSW Pool Safety Law Changes
Different legislative requirements apply to pools that were constructed before 1 August 1990. There are also differing requirements for pools constructed on waterfront properties and small or large properties after 1 August 1990 but before 1 July 2010, and, all pools constructed after 1 July 2010.
Penalties for not complying
Failure to comply with the new legislative requirements will incur a penalty of up to $2,200. Further information relating to the registration process will become available as the legislative amendments are implemented.
For more information please follow this link: https://www.legislation.nsw.gov.au/#/view/act/2012/77