If you’re the owner of a Torrens title property that has a swimming pool, you need to be aware of your obligations in relation to swimming pool compliance. Due to the preventable drownings that occur in swimming pools in Australia, a requirement has been placed on pool owners to ensure that their swimming pools are compliant with NSW regulations. This blog will briefly review the compliance and who it applies to.
Who does the compliance apply to?
The compliance for swimming pools applies to all swimming pools and spa pools that are capable of being filled with water to a depth greater than 30cm and are used for swimming, wading, paddling or any kind of human aquatic activity. Every pool owner must register their pool with the New South Wales Government Swimming Pool Register and also have a compliance certificate from either the council or a private swimming pool certifier. This is particularly important if a swimming pool owner plans to sell their property, as a certificate of compliance (or non-compliance) must be attached to the contract for sale. A failure to do so can result in a purchaser being able to rescind the contract.
Certificate of Compliance
A certificate of compliance can be issued by either the local council or a private certifier. In granting the certificate, the certifier will consider a number of safety items such as the fence and enclosure surrounding the swimming pool and the closure on the gate. The objective is to ensure that children do not inadvertently get into the pool area without the intervention of an adult. Once either the council or the certifier have assessed the swimming pool they may provide you with a certificate of compliance. The certificate of compliance can be attached to a contract for sale and it will remain valid for three years from the date of issue.
Certificate of Non-Compliance
If the local council or a certifier inspects your swimming pool or spa and they determine it is not compliant, they may issue you with a non-compliance certificate. This certificate lists the reasons that the pool does not comply with the regulations and the items that need to be corrected before a certificate of compliance can be issued.
If the pool is deemed a risk to public safety, the swimming pool owner must rectify the non-compliant issues within a certain amount of time.
If the pool is not deemed to be a risk to public safety, the owner must still attend to the issues of non-compliance, however if the pool owner is selling the property containing the swimming pool the owner must attach this certificate of non-compliance to the contract for sale.
The effect of this is that it passes on the obligation to rectify the issues of non-compliance to the purchaser and the purchaser will have ninety days from the date of completion in which to correct the issues raised in the certificate of non-compliance and to receive a certificate of compliance.
A property owner should consult with their solicitor if they are selling their property to ensure that the appropriate certificate is attached to the contract or conversely, if a purchaser is looking at a property that has a swimming pool and either of those certificates are attached they should seek legal advice.