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The proposed changes to swimming pol legislation were delayed from 29 April 2014 to 29 April 2015 – and that date is nearly upon us.

The legislation was put back in response to Council feedback indicating high inspection failure rates – about 95% on first inspection.

Additionally there were issues with availability of qualified inspectors to meet demand, and issues with availability of contractors to undertake work.

It is likely these problems will still exist as at 29 April 2015.

There are practical implications for vendors, landlords and agents:

  • Before premises can be marked, a complete contract including a valid swimming pool Certificate of Compliance needs to be available with the real estate agent.Failure to comply with this is an offence under Property Stock & Business Agents Act 2002 which can result in a  maximum court imposed penalty of $11,000.
  • Failure to annexe a prescribed document which will include the Certificate of Compliance entitles a purchaser to get   out of a sale contract for a period of up to 14 days after exchange.
  • Landlords will need to provide a copy of a valid certificate when entering into a lease. Failure to do so will be a breach of the Residential Tenancies Act 2010 and could result in a penalty notice of $440 or court imposed penalties of up to $2,200.
  • The legislation applies to individual lot owners within strata schemes which brings its own set of complications.
  • Whilst Councils must carry out the first inspection within 10 business days of receiving a written request is required for a sale or lease, there may still be considerable delays in obtaining certificates if work needs to be done.

This is a brief summary only. Contact the Property Team for fuller advice and updates on 9635 7966.