April 29, 2016

Conveyancing Update: Sale of properties with a swimming pool

From 29 April 2016 Vendors will be required to include in any Contract for Sale of property which includes a swimming pool one of the following:-

  • A Certificate of Compliance issued under the Swimming Pools Act 1992
  • A relevant Occupation Certificate and evidence that the swimming pool is registered under the Swimming Pools Act 1992
  • A valid Certificate of Non-Compliance issued under the Swimming Pools Regulation 2008

In the event that a Certificate of Compliance cannot be obtained, the Vendor must attach a copy of the Certificate of Non-Compliance to the Contract and can transfer the responsibility to obtain the Certificate of Compliance to the Purchaser as part of the Contract.  In this case, the Purchaser will have 90 days to rectify the defects and obtain a Certificate of Compliance.

It is important to contact your solicitor or conveyancer now if you are thinking of listing your property in the near future if it has a swimming pool as it is likely the new legislation will result in local Councils being inundated with applications to inspect pools leading to delays in being able to obtain relevant Certificates now required to be in Contracts for Sale.

Please contact our Conveyancing team, Coffs Harbour Conveyancing Services, for further information or if you have any queries on 02 6648 7600.

02 6648 7600