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:
- Certificate of compliance.
- Occupation certificate and evidence that the swimming pool/spa is registered on the NSW Swimming Pools Register.
- 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:
- Ensure the pool/spa is registered on the NSW Swimming Pools Register.
- 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: 13 April 2021