New Swimming Pool Requirements

Under changes to the Swimming Pools Act 1992 pool owners must place their pool or spa on an online register. Owners may be fined if the pool is not registered. Pool fencing must also comply with with the Act. A swimming pool is defined to include a spa pool.
From 29 April 2016 a Contract for the sale of a property that contains a pool must attach either:

(a) a valid certificate of compliance issued by either the local Council or an accredited certifier under the Act;
(b) a relevant occupation certificate and evidence that the swimming pool or spa is registered under the Act; or
(c) a valid certificate of non-compliance issued under the Act.

For newly constructed swimming pools,  a valid occupation certificate and evidence of swimming pool registration may be attached to the Contract in lieu of the certificate of compliance. Failure to attach one of these documents to the Contract may entitle the purchaser to rescind the Contract within 14 days of exchange of Contracts. Where a vendor attaches a certificate of non-compliance to the Contract the purchaser will have 90 days from the date of settlement to rectify the defects listed in the certificate of non-compliance and obtain a certificate of compliance. These provisions will not apply if the Contract relates to a lot in a strata or community scheme and the scheme comprises two or more lots or the Contract involves an off-the-plan purchase.
If a landlord wishes to lease a property, which contains a pool, then from 29 April 2016 at the time the Residential Tenancy Agreement is entered into the landlord must ensure:

(a) the pool is registered;
(b) the pool has a valid certificate of compliance or a relevant occupation certificate; and
(c) a copy of the certificate of compliance or occupation certificate is provided to the tenant.

These requirements will not apply if the pool is within a strata or community scheme and that scheme comprises more than two lots.

April 2016