IMPORTANT NOTICE FOR POOL OWNERS IN NSW

With the introduction of the Swimming Pools Amendment Act 2012, a number of changes have been made to the law surrounding properties with swimming pools and spas in New South Wales (NSW).

The purpose of the changes is to impose further obligations on owners of land with swimming pools to ensure standards for safety and security are adhered to.

There are two major changes that owners of property with swimming pools in NSW must be aware of.

The first of these changes is already in place and requires swimming pools and spas in NSW to be registered on a state-wide swimming pool register. Registration can be effected online (www.swimmingpoolregister.nsw.gov.au) or via the relevant local council. Failure to register a swimming pool or spa as required can result in fines of up to $2,200.00.

 

The second major change, which is due to commence on and from 29 April 2015, is the requirement for owners of properties with swimming pools in NSW to have a valid certificate of compliance for the pool prior to selling or leasing the property. If a vendor selling a property with a swimming pool fails to provide the purchaser with a valid certificate of compliance for the pool, the purchaser may be able to bring the contract to an end.

The process of obtaining a certificate of compliance involves an inspection of the swimming pool. If the inspection reveals that the pool does not comply with the law, then the owner of the property will be required, within a reasonable time, to undertake the works necessary to make the pool comply. Failure by the owner to undertake the requisite works may result in the Council undertaking the works, charging the owner the reasonable costs associated with the works and fining the owner up to $5,500.00.

For advice and assistance on all conveyancing and property matters in NSW and Victoria, contact the experienced Albury solicitors at Burt & Hanke Legal.