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Requirements for selling or leasing a property with a swimming pool or spa pool

Requirements for the sale of a property

The NSW Government has put in place regulatory changes relating to the sale of properties with swimming pools that require either a Certificate of Compliance, a Certificate of Non-compliance or relevant Occupation Certificate to be included with  contract of sale documentation.

If a pool barrier is inspected in response to a Certificate of Compliance application and deemed non-compliant, and not a significant risk, the property buyer will have 90 days from the date of settlement to rectify defects listed in the Certificate of Non-compliance and obtain a Certificate of Compliance. Penalty notice provisions may apply if the property buyer fails to do this within 90 days of settlement.

Allowing the transfer of the obligation for swimming pool barrier compliance from the vendor to the purchaser provides greater flexibility to the property sales process, while ensuring that incidents of pool barrier non-compliance are addressed. However, this flexibility does not extend to the leasing of properties or properties for sale where pool barrier non-compliance is considered a significant risk.

An exemption may apply from the sale provisions for properties that contain more than 2 dwellings (eg: Strata or community scheme developments).

To apply for a Certificate of Compliance - Swimming Pools(136KB, PDF) please complete the application form and submit it to Council. Once issued, the Certificate of Compliance is generally valid for three years.

For further information regarding swimming pool and spa pool safety requirements, refer to the Swimming Pool and Spa Pool FAQs page.

Requirements for leasing of a property

The NSW government has also put in place legislative changes relating to the lease of properties with swimming pools. 

Landlords are to ensure that their tenant is provided with a copy of a valid 'Certificate of Compliance' at the time a lease is entered into because landlords have a responsibility to provide a safe environment for their tenants.

For any lease agreements signed as of 29 April 2016, the landlord is to ensure that at the time a residential tenancy agreement is entered into:

  • The swimming pool is registered under the Swimming Pools Act 1992
  • A valid Certificate of Compliance is issued under the Swimming Pools Act 1992, or
  • A relevant Occupation Certificate is issued, (if applicable) and;
  • A copy of the valid Certificate of Compliance or relevant Occupation Certificate is provided to the tenant.

This means that either a valid Certificate of Compliance or relevant Occupation Certificate is to be attached with lease contract documentation. 

An exemption may apply from lease provisions for properties that contain more than 2 dwellings (eg Strata or community scheme developments).

An Application for a Certificate of Compliance - Swimming Pools(136KB, PDF) can be submitted to Council, and once issued, the Certificate of Compliance is generally valid for three years.

For further information regarding swimming pool and spa pool safety requirements, refer to the Swimming Pool and Spa Pool FAQs page.

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