Swimming Pool and Spa Regulations – Compliance requirements before you sell

Mar 12, 2017 12:00:00 AM

Do you have a pool and are about to sell your home? Well there is some very important information you need to know.

From the 29th April 2016 …

ALL properties in NSW with a swimming pool or spa pool, cannot be sold or leased without a valid certificate of compliance or relevant occupation certificate.

This means:

In order to put your property on the market, you MUST have a compliance certificate AFTER the 28th April 2016.
Without it, a contract cannot be exchanged. If it is exchanged, the buyer has the right but not the obligation to withdraw from the contract without penalty.

This includes all rental properties too, so if you own an investment property that has a pool, please organise an inspection of the property as soon as possible.

How can you apply for the Certificate of Compliance?

There are 2 ways you can obtain the certificate:

By applying to the local Council of where the property is located. Further down in this email, we have links to several Council websites and the application forms you require.
Call a private certifier and have them inspect your pool.

What are the costs involved?

Councils are charging $150 for inspections. Private certifiers vary with their fees.

Do you comply?

If you run through the appropriate checklist below, you’ll know if you will comply or not. There are 2 checklists depending on when your pool or spa was built.

Built before 1st September 2008

Built after 1st September 2008

* List compiled by Lake Macquarie Council