Buying or Selling a Property with a Pool

May 13, 2019

Buying or Selling a Property with a Pool

By URY ZHANG

From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool in NSW. The new laws have an impact on anyone who is selling, buying or leasing a property with a pool. If you are selling a property with a pool, your contract for the sale of land must have one of the following attached:

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

Failure to attach one of the above may render the contract for the sale of land incomplete and enable the buyer to rescind the contract for the sale of land.

Your obligations are to:

  • Arrange for your pool to be inspected (unless a relevant occupation certificate applies). You should do this well in advance of listing your property to allow for the availability of local council inspectors or accredited certifiers to carry out the pool inspection and provide you with a certificate of compliance or a certificate of noncompliance and an inspection report.
  • If your pool is assessed as compliant, ensure that the certificate of compliance (or relevant occupation certificate and certificate of registration) is attached to the contract for the sale of land. A certificate of compliance or relevant occupation certificate is valid for three years from the date of issue.
  • If your pool is assessed as non-compliant, you can either:
    • Engage a tradesperson to remedy any defects that have been identified and organise a re-inspection of your pool to obtain a certificate of compliance; or
    • Attach the certificate of non-compliance to the contract for the sale of land.

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

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

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