From April 2016 new laws were enacted relating to the sale or leasing of properties in NSW with swimming pools.
Who is affected?
The laws affect the following stakeholders, in relation to properties with pools:
- the vendor;
- the purchaser;
- the tenant;
- the landlord;
- the real estate agent;
- the local Council;
- an accredited Certifier.
What are the requirements?
Properties sold with a pool must have either:
- a certificate of compliance;
- relevant occupation certificate and certificate of registration; or
- a certificate of non-compliance.
Properties leased with a pool must have either:
- a certificate of compliance; or
- a relevant occupation certificate and certificate of registration.
What is the role of Local Councils?
Local Councils are responsible for educating about backyard pool safety in their local communities including swimming pool inspections and community education. The NSW Government also encourages safety through its swimming pool register and “Be Pool Safe” campaign.
Councils are required to:
- Develop and implement a swimming pool barrier inspection program in consultation with their communities.
- Report annually on the number of pool inspections undertaken and the level of compliance with the requirements.
- Inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three-year intervals.
- At the request of a pool owner, inspect a swimming pool or spa pool prior to sale or lease of the property.
- Issue either a certificate of compliance or non-compliance after an inspection. Certificates of compliance are valid for three years.
Where a pool is subject to an occupation certificate, that pool is exempt from inspection for three years. Private Certifiers will certify swimming pools as either compliant or non-compliant with NSW Swimming Pool laws.
What is the Swimming Pool Register?
All property owners with a pool in NSW must register their pool. There is no charge to directly register your pool through the NSW Swimming Pool Register. Safety checklists can also be accessed at the Swimming Pool Register website.