Legal Update: Swimming Pool Compliance Deadline Has Finally Arrived

In our previous newsletter we informed you of the pending introduction of new rules to ensure compliance with swimming pool regulations. Well they are finally here with some changes. The new rules commenced on 29 April 2016.

The new rules apply to the sale or lease of any property that contains a swimming pool or spa pool other than a strata property with more than two (2) lots. The new rules are designed to ensure that all swimming pools and spa pools have compliant child-restraint barriers.

When selling a property the vendor is required to attach to the sale contract a number of vendor disclosure documents including title searches, zoning certificates and drainage diagrams. From 29 April 2016 in respect of any property with a swimming pool or spa pool the vendor must also attach to the sale contract, as an additional vendor disclosure document:

  • a certificate of compliance issued by a local council inspector or an accredited certifier certifying that the pool is compliant; or
  • a certificate of non-compliance certifying that the pool is not compliant; or
  • an occupation certificate and a certificate of registration in relation to a recently constructed pool.

If the certificate of non-compliance is attached to the sale contract the purchaser has ninety (90) days from the date of settlement of the sale of the property to make the pool compliant. However, vendors should be aware that in relation to delayed settlements the local council could issue the vendor with a notice requiring the vendor to rectify the non-compliant pool. It is important that this is adequately addressed in the sale contract.

Vendor’s wanting to sell their properties with a swimming pool or spa pool should start preparing early and apply for a compliance certificate from the local council inspectors or accredited certifiers – there may be significant delays in obtaining these certificates until there are a sufficient number of certifiers who are accredited.

Lauren Wiltshire

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