Publication

Requirements for certificates of compliance under the Swimming Pools Act 1992

by Craig Munter
07 April 2015
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Has your pool been certified? The deadline is fast approaching

The NSW Government has again postponed the deadline for when property owners selling or leasing their property (that contains a pool or spa) are required to have obtained a certificate of compliance under the Swimming Pools Act 1992 (the Act). 

The revised deadline for statutory pool compliance is now 29 April 2016. 

By this date, all contracts for sale and leases of:

• residential buildings (including multi-occupancy dwellings); 

• moveable dwellings; or 

• tourist and visitor accommodation; 

that contain a swimming pool or spa must annex a valid certificate of compliance for the pool. Consequences for failing to annex a valid certificate of compliance are significant and include a potential right of rescission of a contract for sale or lease by a purchaser/tenant. If you have an occupation certificate that is less than three years old and that authorises the use of the swimming pool or spa then that can be attached to the contract/lease instead of the certificate of compliance. 

What should you do if you don't have the required certification?

Property owners and strata managers who have not already obtained a certificate of compliance should immediately commence the process of obtaining one. But beware, waiting periods for inspections and the time and cost it may take to rectify non-compliant pools and spas are expected to be lengthy.

Lot owners in multi-occupancy developments which contain a swimming pool or spa must still provide a certificate of compliance if they sell or lease their unit. The certificate of compliance will be obtained by the Owners Corporation who will make it available to lot owners on request. Strata managers and lot owners should ensure their Owners Corporation have obtained or are in the process of obtaining the necessary certificate of compliance. 

How to apply

Applications for a certificate of compliance can be made with your Local Council (whose fees are capped) or accredited certifiers. A certificate of compliance is valid for 3 years from the date of issue unless a subsequent inspection finds the pool/spa to be non-compliant.   

But wait, there's more

In addition to the looming date for certificates of compliance, property owners and strata managers should also be aware of:

• the implementation of Council pool and spa inspection programs which are to be developed in consultation with local communities; and

• the requirement to register all pools and spas on the NSW Swimming Pool Register: http://www.swimmingpoolregister.nsw.gov.au/  Registration is simple and free and is a prerequisite to obtaining a certificate of compliance. 

For further information in relation to any of the above, please do not hesitate to contact a member of our team: 

Craig Munter
Partner
02 9233 9035
cmunter@makdap.com.au

Nicholas Coffill
02 9233 9046
ncoffill@makdap.com.au

Michelle Baraclough
02 9233 9075
mbaraclough@makdap.com.au