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Welcome to the ultimate run down with the renewal for a Pool Certificate of Compliance.

 

Did You Know?

The pool laws which came into effect as of 29 April 2016 means any pool certificates of compliance which were issued, are valid only for 3 years, and any properties certified prior to or from 29 April 2016 may now be due for renewal.

What Does This Mean?

The renewal date of 29 April 2019 has passed, and your Pool Certificate of Compliance may be due for renewal. 

So if you

• are selling or leasing a property with a swimming pool or spa
• building a new swimming pool or spa on a property
• have a new fence being built around an existing swimming pool or spa
• are directed by council, or
• applying for or refinancing your home loan

You may need a valid Pool Certificate of Compliance.

Questions and Answers to all details available from NSW Swimming Pool Register here.

 

When Do Swimming Pool Laws Apply?

The Swimming Pools Act 1992 notes properties with swimming pools and spa pools built or being built, the owner/s of a property or body corporate are responsible for making sure their pools and spas are compliant.

 

It’s Never Too Late To Register

There are 3 ways Pool owners can register their pool.

• online with the NSW Government Swimming Pool Register
• following payment of a fee, to their local council to register their pool on their behalf, or
contact us here! We can register their pool at no cost

A certificate of registration is then issued to the pool owner.

The NSW Government Swimming Pool Register website notes when a pool has been registered.

 

It’s The Law

Owners of properties with swimming pools must

  • make sure pools are surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property
  • doors and gates providing access to the swimming pool stay closed
  • make sure fences surrounding pools are designed, constructed, installed and maintained to comply with the relevant Australian standards.

Our Pool Safety Checklist here helps you check if your pool is compliant before inspection. 

 

When Do You Need A Pool Certificate Of Compliance?

If You

• are selling or leasing a property with a swimming pool or spa
• building a new swimming pool or spa on a property
• have a new fence being built around an existing swimming pool or spa
• are directed by council

You may need a valid Pool Certificate of Compliance.

When selling a property with a swimming pool or spa pool, the contract for sale must include:

  • a Registration Certificate issued from the Swimming Pool Register
    and
  • a valid swimming pool certificate of compliance, or
  • a relevant occupation certificate issued within the last 3 years, or
  • a valid certificate of non-compliance.

If you do not attach the certificates, the new property buyer may be allowed to cancel the contract within 14 days of exchange but before settlement has happened.

If a Pool Certificate of Non-Compliance is attached to the sale contract, the vendor can transfer responsibilities for obtaining a Pool Certificate of Compliance to the purchaser. The purchaser has up to 90 days from the date of settlement to rectify any problems listed in the Pool Certificate of Non-Compliance Report. This doesn’t apply with strata or community schemes with more than two lots, or if the sales contract is for an off-the-plan property.

 

When Renting A Property With A Pool Or Spa

Tenants needs to be suppled with a valid Certificate of Compliance. A Certificate of Non Compliance can cancel any residential tenancy agreements. This doesn’t apply in strata or community schemes with more than two lots.

 

How To Get A Certificate Of Compliance?

E1 Pool Safety Certifiers and local councils can inspect pools for pool safety. When a swimming pool or spa meets all the safety requirements, a certificate of compliance can be issued.

 

How Long Is A Certificate of Compliance Valid For?

A Pool Certificate of Compliance is valid for three years from its date of issue.

 

Need More Information?

If you need to check if a pool has been registered, you can search whether a Certificate of Compliance has been issued on the NSW Government’s Swimming Pool Register

 


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