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Selling or leasing property with a pool

Know your obligations for selling and leasing a property with a pool. Owners, landlords/agents have requirements under the Swimming Pools and Conveyancing Acts to provide certification evidence to buyers and renters.

Selling a property with a pool/spa

If you are selling a property with pool you are required to provide one of the following 'prescribed documents' with a contract of sale:

  1. Certificate of compliance.
  2. Occupation certificate and evidence that the swimming pool/spa is registered on the NSW Swimming Pools Register.
  3. Certificate of non-compliance.

Directions or non-compliance certificates

If a pool/spa is inspected and considered to be a public safety risk a certificate of non compliance and/or direction is issued.  If a non-compliance certificate is in effect the owner must supply a copy with the sale contract.  The obligation to fix defects and get a compliance certificate is transferred to the purchaser on settlement.  The buyer has 90 days after settlement to make the pool/spa compliant.

Exemptions from the sale provisions

The following contracts are exempt from the above:

  • contracts relating to a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises more than 2 lots, or
  • contracts relating to an off the plan contract (within the meaning of section 66ZL of the Conveyancing Act 1919).

Leasing a property with a pool/spa

If you are leasing a property with a pool/spa the landlord/agent must do the following:

  1. Ensure the pool/spa is registered on the NSW Swimming Pools Register.
  2. Provide the tenant with a copy of the certificate of compliance or occupation certificate.

Exemptions from the lease provisions

These provisions will not apply if:

  • the swimming pool/spa is situated on land in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or
  • in a community scheme (within the meaning of the Community Land Development Act 1989) and
  • that strata or community scheme comprises more than 2 lots.

Apply for a Certificate of Compliance

This page was last updated on: 06 March 2019