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NEW Rules

Landlords MUST:

·         on and from 29 April 2013, ensure that at the time a residential tenancy agreement is entered into, details of the pool have been registered and a copy of a Certificate of Compliance or an Occupation Certificate are provided to the tenant

Owners (including strata corporations) MUST:

·         register details of their pool on or by 29 October 2013

penalty: maximum fine of $2,200

·         register their details with the Director-General (or to the relevant local Council which will then forward the details to the Director-General of the Department of Premier and Cabinet)

Sellers of Property MUST:

·         on and from 29 April 2014, include in the sale contract either the required Certificate of Compliance or Occupation Certificate (being less than 3 years old which authorises the use of the pool) if the sale includes a pool

failure: purchaser can end the contract within 14 days after the date of it

·         on and from 29 April 2014, include in the sale contract evidence that the pool has been registered if the sale includes a pool

Local Councils MUST:

·         develop and adopt a program for the inspection of swimming pools in their area by29 April 2013

·         inspect swimming pools, if the pool owner requests them to do so

·         issue a Certificate of Compliance if, on inspection, the Council is satisfied that the requirements for issue have been met

·         liaise with the Director-General to ensure that details of a swimming pool received by the Council from a swimming pool owner and/or Certificates of Compliance issued by the Council are registered

Developers MUST:

·         ensure that Occupation Certificates issued for new developments authorise the use of swimming pools

More Information

If you have any questions or would like to discuss your obligations, call the Matthews Folbigg Property/Commercial  team on 9635 7966.