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Changes for Pool Owners

​New laws apply to the sale or lease of properties with a pool in NSW.  These changes have been introduced by the State Government to further protect the safety of children under the age of five around backyard swimming pools.

From 29 April 2016, properties sold with a pool must have either:

  • A certificate of compliance; or
  • A relevant occupation certificate and a certificate of registration; or
  • A certificate of non-compliance.

When you buy a property with a non-compliant pool, you will have 90 days from settlement to fix any areas of non-compliance.

From 29 April 2016, properties leased with a pool must have either:

  • A certificate of compliance; or
  • A relevant occupation certificate and a certificate of registration.

For more information visit the Office of Local Government website.

Who do these changes affect?

  • A vendor of a property with a pool

  • A purchaser of a property with a pool

  • A tenant of a property with a pool

  • A landlord of a property with a pool

  • A real estate agent selling or leasing a property with a pool

  • A conveyancer or solicitor transferring the ownership of a property with a pool

  • NSW councils

  • NSW accredited certifiers

Who is exempt?

These new sale laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.

What do the changes mean for you?

For more information on how the sale and lease provision will affect you, visit the  Office of Local Government website.

Where do I go for additional assistance?

Your real estate agent, solicitor, conveyancer, strata manager or local authority (council) will be able to assist you.

Legislation can be found on the NSW legislation website. The Acts and Regulations of relevance are:

  • The Swimming Pools Act 1992

  • The Swimming Pools Regulation 2008

  • The Conveyancing Act 1919

  • The Conveyancing (Sale of Land) Regulation 2010

  • The Residential Tenancies Regulation 2010 (schedule 1 – Standard Form Agreement)

  • The Property Stock and Business Agents Act 2002

The amending regulations are:

  • The Swimming Pools Amendment (Inspections) Regulation 2016

  • The Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016

  • The Residential Tenancies Amendment (Swimming Pools) Regulation 2016.