REAL PROPERTY LAW UPDATE – SWIMMING POOLS DISCLOSURE

What is it?

Each owner of property with a swimming pool or spa pool under the Swimming Pools Act 1992 must register their swimming pool or spa pool on the NSW Swimming Pool Register.

Local councils and accredited certifiers, registered with the Building Professionals Board, are able to inspect the swimming pools or spa pools to provide a certificate of compliance or relevant occupation certificate.

Each owner must provide a copy of a valid certificate of compliance or relevant occupation certificate in their residential tenancy agreements to rent property with a swimming pool or spa pool. Also, a seller of a property must attach a copy of a valid certificate of compliance or relevant occupation certificate, or a valid certificate of non-compliance, to the contract for sale of a property with a swimming pool or spa pool.

Who is effected?

Owners and landlords selling a property with a swimming pool or spa pool, or entering into a residential tenancy agreement to rent property with a swimming pool or spa pool. The owners of lots in a strata scheme or in a community scheme are exempt from such requirements. Also off-the-plan contracts are exempt from disclosure requirement.

A purchaser of property who has been provided with a certificate of non-compliance is given 90 days from the date of the transfer of such property to address any issues of non-compliance or they will be subject to penalties under the law.

When?

From 29 April 2016 for all applicable residential tenancy agreements and contract of sale