Current position

Under the Conveyancing (Sale of Land) Regulation 2010, a contract for sale of land must contain a notice which states that an owner of a property on which a swimming pool is situated must ensure that the swimming pool complies with the requirements of the Swimming Pools Act 1992, and any purchaser of a property is also strongly advised to ensure compliance.

New position

In addition to the current positions, from 29 April 2014 new laws will come into effect in NSW which makes it mandatory for anyone selling a property on which a swimming pool is situated to include a valid "certificate of compliance" in respect of the swimming pool, in the contract for sale.

Who does this affect?

Any vendor selling a property on which a swimming pool is situated.

What is a "swimming pool"?

For the purposes of the new requirements, a swimming pool is an excavation, structure or vessel that is:

  1. capable of being filled with water to a depth greater than 300mm;
  2. solely, or principally used, designed, manufactured or adapted for the purposes of swimming, wading, paddling, or any other human aquatic activity (including a spa pool).

A swimming pool DOES NOT include a spa bath or anything that is situated in a bathroom.

How does this affect owners of Strata/Community Title Property?

In the case of strata/community title, the Owners Corporation should arrange for an inspection of the pool and obtain a certificate of compliance. Individual lot owners can access the certificate of compliance via the NSW Swimming Pool Register.

What are the penalties for non-compliance?

The owner of the swimming pool can be fined up to $5,500 for non compliance with pool safety requirements, with an on the spot fine of up to $550.

From 29 April, if a certificate of compliance is not attached to a contract for sale of land (on which a swimming pool is situated) a purchaser may be able to rescind the contract at any time within 14 days of exchange of contracts.

Where can a certificate of compliance be obtained?
A certificate of compliance can be obtained from your local Council or from an accredited certifier under the Building Profession Act.

A valid and recent occupation certificate (less than 3 years old) can be substituted for a certificate of compliance provided that the swimming pool registration certificate (which is created when the pool was registered and can be obtained from the NSW Swimming Pool Register) is also included.

For further information please contact:

Wendy Conceicao, Associate
Phone: +61 2 9233 5544
Email: wsc@swaab.com.au

Daniel Kentwell, Paralegal
Phone: +61 2 9233 5544
Email: dck@swaab.com.au

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.