Your Obligations in NSW
Property Owners
Do you own a swimming pool?
Every NSW pool must be registered on the NSW Swimming Pools register. If your pool is not registered, please use the below link to register your pool. It is a free service provided by the NSW government.
http://www.swimmingpoolregister.nsw.gov.au/
NSW pool safety laws were introduced on 29th April 2016 and apply to all pools (new and existing). Every pool owner must ensure their pool now complies with the applicable law depending on when their pool was built or otherwise when the pool barrier was substantially altered.
Local councils have the power to enter your property (property owner authority is not required) to investigate compliance with pool safety standards and any other issues in the backyard. If your pool barrier is found not to be compliant and/or any other issues are found in your backyard, you may receive a fine and/or a “Notice” to rectify issues.
Unless you are selling or leasing your property, you do not need a pool safety inspection or a Certificate of Compliance, however your pool still needs to be compliant at all times.
For most pool owners, it is almost impossible to understand and work out if your pool barrier complies with legislation. Most pool owners choose to get a pool safety inspection performed to ensure their pool barriers are compliant for peace of mind.
Sellers
Selling a property with a swimming pool?
If you are selling your property, you are required by law from the 29th April 2016 to have a valid Certificate of Compliance. Your pool must be inspected by a licensed and qualified Pool Safety Inspector also known as E1 Certifiers in NSW. Once your pool is inspected and has been deemed fully compliant, you will receive a Certificate of Compliance. You must provide this to the prospective Buyer directly or via your Real Estate Agent before you sell the property.
Buyers
Buying a property with a swimming pool?
If you are buying a property, you are required by law from the 29th April 2016 to receive a valid Certificate of Compliance from the Seller before you can purchase the property. If the Seller or the Real Estate Agent has not provided you with a Certificate of Compliance, you should ask for one to be provided, otherwise you cannot purchase the property. You should provide a copy of the Certificate of Compliance to your conveyancer.
Landlords
Leasing / renting a property with a swimming pool?
If you are leasing or renting out a property to tenants, you are required by law from the 29th April 2016 to provide the tenants a Certificate of Compliance as part of the residential tenancy agreement.
Agents
Managing a sale or lease transaction for a client property with a swimming pool?
If you are acting on behalf of a client for a sale or lease transaction, from the 29th of April, 2016 you must advise them of their obligation to have a valid Certificate of Compliance. You may act on your client’s behalf to arrange this, however the pool owner must provide consent and authority to request for a Pool Safety Inspection and to obtain a valid Certificate of Compliance. Agents have a duty of care to ensure clients have obtained a Certificate of Compliance before entering into a property transaction. Every new lease term needs a new certificate.
Strata / Body Corporate
Residential complex, apartment or similar with a swimming pool?
If you are a Body Corporate of a residential complex, apartment building, estate community or similar, you must obtain a valid Certificate of Compliance if any one of the property owners decides to sell or lease.
A property owner cannot sell or lease their property if the pool owner (Body Corporate) does not have a valid Certificate of Compliance.
A Certificate of Compliance for a shared pool will be valid for 3 years.
Hotels, Motels, Gyms, etc.
Other Venue with a swimming Pool?
If you are a Hotel, Resort, Motel, Caravan Park, Backpacker or any other Class 3 accommodation venue with a pool, you must by law, obtain a valid Certificate of Compliance from the 29th of April, 2016
A Certificate of Compliance for a shared pool will be valid for 3 years.
