Thinking of Selling a House with a Pool?

Thinking of Selling a House with a Pool?

By Rob Lewis
In 2013, legislation was passed to ensure that pool owners registered their pool on the NSW Government’s Swimming Pool Register.  The cut-off date for registration was 29 October 2013 and all pools were supposed to be registered by that date.

The next phase of legislation concerning pool ownership will come into force next year. 

From 29 April 2015, all Contracts for Sale of Land, as well as Residential Tenancy Agreements for properties in which there is a pool, must have certain documentation attached to ensure they are legally binding.

What does this mean for home owners?

If you  own a property  with a pool, including strata title properties, and are thinking of selling that property you need to be aware of the new requirements.   If your Contracts are expected to exchange on, or after, 29 April 2015 you will need to include with the Contract, either:

i)  a valid certificate of compliance issued by your local Council or an accredited certifier under the Act;
ii) a relevant occupation certificate and evidence that the swimming pool is registered under the Act.

If the above documentation is not attached to the contract, the purchaser will have the right to rescind the contract within 14 days after the exchange.

What about rented property?

If you own a property with a pool and would like to lease the property as residential premises on or after 29 April 2015, then you must ensure that:

i) the pool is registered;
ii) the pool has a valid certificate of compliance; and
iii) a copy of the certificate of compliance is provided to the tenant.

Being aware of the new requirements will ensure that your sale or lease of property runs smoothly.  A little time spent ensuring that your pool is registered and complies with Council requirements in advance, will save you facing any issues down the track!

For more information on the Swimming Pool Register or how that might affect the sale of your property in the future, contact Rob Lewis at Kenny Spring Solicitors on ph: 02 6331 2911 or email him at: [email protected].

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