Selling or Leasing a Property With a Swimming Pool or Spa Pool

Are you selling or leasing a property with a pool? If so, you need to read the following:

New laws about swimming pool safety take effect from 29 April 2016

Local Authorities and Accredited Certifiers

The Minister for Local Government, the Hon Paul Toole MP has announced regulation changes to the sale of properties with swimming pools to take effect from 29 April 2016. The following is a summary of the sale and lease requirements including the changes recently announced.

A flow chart below details the flow of actions to be taken depending upon the circumstances of the inspection of a swimming pool subject to sale.

Sale of properties with a swimming pool

  • All properties with a swimming pool or spa pool being sold or leased on or after 29 April 2016 will need a valid certificate of compliance or a relevant occupation certificate.
  • After 29 April 2016, the following will be ‘prescribed documents’ if the contract relates to land on which there is situated a swimming pool:
    (a) a valid certificate of compliance issued under the Swimming Pools Act 1992
    (b) a relevant occupation certificate and evidence that the swimming pool is registered under the Swimming Pools Act 1992
    (c) a valid certificate of non-compliance issued under the Swimming Pools Regulation 2008.
  • All contracts for sale that are exchanged after 29 April 2016 must have either a swimming pool certificate of compliance or a certificate of non-compliance.
  • Vendors are now able to transfer the obligation of obtaining a certificate of compliance to the purchaser. The transfer of the obligation will be realised through the attachment of a certificate of non-compliance to the contract for sale.
  • Where a local authority inspecting a swimming pool believes that the pool represents a significant risk to the public, a ‘direction’ can be issued immediately (section 23(6)
  • The certificate of non-compliance will be generated from the Swimming Pool Register. The procedures will be generally the same as generating a certificate of compliance.
  • The certificate of non-compliance must be issued within 7 days after inspection.
  • The certificate of non-compliance is valid for 12 months.
  • The buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
  • Accredited certifiers are still required to report to councils under section 22E(4) of the Swimming Pools Act 1992 to discharge their obligations.

Exemptions from the sale provisions

The following sales are exempt from the sale provisions:

  • Contracts relating to a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises more than 2 lots, or
  • Contracts relating to an off the plan contract (within the meaning of section 66ZL of the Conveyancing Act 1919).

Leasing of properties with a swimming pool

  • When leasing a property with a swimming pool, the landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with. The landlord agrees to ensure that at the time that this residential tenancy agreement is entered into: the swimming pool on the residential premises is registered under the Swimming Pools Act 1992 and has a valid certificate of compliance under that Act or a relevant occupation certificate within the meaning of that Act, and a copy of that valid certificate of compliance or relevant occupation certificate is provided to the tenant.
  • This will commence from any new lease agreement signed after 29 April 2016.
  • These provisions will not apply if:
    • the swimming pool is situated on land in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or
    • in a community scheme (within the meaning of the Community Land Development Act 1989) and
    • that strata or community scheme comprises more than 2 lots.

Further Information

Council's Development and Environmental Health Group, Ph 6686 1415.

 

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