New laws are coming that will affect home owners and sellers - make sure your swimming pool or spa is compliant
From 29 April 2016, new laws will be implemented that seek to improve the safety of pools in residential areas and to increase spa and pool owners’ compliance with current laws about the safety and accessibility of pools. These laws will be particularly important for home owners with spas and/or swimming pools and parties looking to purchase homes with pools, as the laws will require that contracts for sale exchanged from 29 April 2016 have various valid compliance certificates.
It is important to seek legal advice from your solicitor or conveyancer regarding the law’s requirements regarding swimming pools if you are buying or selling a home with a pool or are considering building a pool, in order to prevent any future legal or safety issues.
If you are the current owner of a home with a spa and/or pool, the following compliance certificates must be acquired by 29 April:
- A valid "Certificate of Compliance" issued under the Swimming Pool Act 1992, or
- A valid "Occupation Certificate", or
- A valid "Certificate of Non-Compliance" issued under the Swimming Pool Regulation 2008.
What is a Certificate of Compliance?
A Certificate of Compliance is an accreditation that can be given by your local council or an accredited certifier. This will involve an inspection of the swimming pool’s barriers and other safety requirements. Home owners should speak with their lawyer or conveyancer to obtain further advice about these legal requirements or to discuss arranging an inspection with a certifier registered with the Building Professionals Board. Importantly, a Certificate of Compliance will be valid for three years from the date of issue.
What is an ‘Occupation Certificate’?
An Occupation Certificate can be used as an alternative to a Certificate of Compliance where the Occupation Certificate authorises the swimming pool in question and is less than three years old. To attach an Occupation Certificate to the contract for sale, you must also provide proof that the swimming pool is registered.
What is a ‘Non-Compliance Certificate’?
A Non-Compliance Certificate is issued where a home owner fails the inspection by the local council or accredited certifier. Where a Non-Compliance Certificate is issued, you must attach this to the contract for sale. You will have ninety days from the date of the settlement to rectify all of the issues listed as reasons for non-compliance and subsequently obtain a Certificate of Compliance.
What are the consequences of not acquiring and attaching these Certificates?
Significantly, failure to attach the certificate/s to the contract for sale may result in the purchaser being able to rescind the contract within 14 days of the exchange, unless the settlement has already occurred.
More generally, failure to comply with pool safety regulations can result in orders and directions from your local council to enforce compliance and fines ranging from $550 to $5,500.
As such, it is important to ensure your swimming pool and spa is compliant with current legislation. If in doubt, it is always best to speak with a solicitor or conveyancer who can advise you of the current and future legal requirements for swimming pools.
If you are planning on buying or selling a home with a spa or swimming pool, or wish to discuss the legal requirements relating to pool safety and other home ownership issues, call our solicitors and conveyancers on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.