Buying, selling or renting a property with a pool

Selling a property with a pool or spa

From Friday 29 April 2016, vendors of a property with a swimming pool or spa pool must have a Certificate showing whether or not their pool fencing is compliant with the Swimming Pools Act 1992.

Amendments to the Conveyancing (Sale of Land) Regulation 2010 will impose a new contract requirement for vendors to supply a valid Certificate of Compliance, which must be attached as a prescribed document to a contract for sale. If a pool barrier is not compliant, a Certificate of Non-Compliance must be supplied.

The requirement applies to land being sold with a swimming pool and lots in strata schemes with two lots (e.g. duplexes) which have swimming pools.

For newly erected swimming pools, a valid occupation certificate and evidence of swimming pool registration may be annexed to the contract in lieu of the Certificate of Compliance.

Exemptions

The new requirements do not apply to:

Buying a property with a pool

Before purchasing a property with any type of pool, you should ensure it has a swimming pool barrier Certificate of Compliance, or a swimming pool barrier Certificate of Non-Compliance. If you purchase the property with a Certificate of Non-Compliance, you will be accepting responsibility to make the pool barrier compliant and gain a Certificate of Compliance within 90 days of gaining ownership.

Renting a property with a pool

If you own a rental property with a pool it is your responsibility to ensure that at the time the residential tenancy agreement is entered into, the property is registered on the NSW Swimming Pool Register and a copy of a valid Compliance Certificate or Occupation Certificate is provided to the tenant. This requirement does not apply to properties that are part of a strata or community scheme that comprises more than two lots.

How to obtain a certificate

For a fee of $150, Council will inspect the pool and provide you with a compliance report and/or relevant certificate. To arrange an inspection please complete and submit the application form, or call our Customer Service Centre on 02 4921 0333 for more information.

Page last updated: 11 April 2016