Category Archives: Legislation

Regulation Update for Swimming Pools and/or Spas

Swimming Pool In Backyard

On 11 March 2016 the Minister for Local Government issued a Media Release regarding regulations applying to the sale of properties.

From 29 April 2016:

  1. Vendors are now able to transfer the obligation of obtaining a “Certificate of Compliance” to the Purchaser. A “Certificate of Non-Compliance” can now be attached to the Contract
  2. The Purchaser of a property with a non-compliant swimming pool has 90 days from the date of settlement to address any issues of pool barrier non-compliance and obtain a Certificate of Compliance
  3. Properties with more than 2 dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease, as they are already regulated through mandatory 3 yearly council inspections

Allowing the transfer of obligation for swimming pool barrier compliance provides greater flexibility to the sales process, while ensuring that incidents of non-compliance are addressed. However, this flexibility does not extend to the leasing of properties. Landlords are to ensure that the tenant is provided a copy of a valid ‘certificate of compliance’ at the time the lease is entered into because landlords have a responsibility to provide a safe environment for their tenants.

For all your property legal requirements contact:
Aldren Conveyancing Services – Northern Beaches
Phone:     (02) 9984 8840
Fax:           (02) 9984 8850
Mobile:     0422 011 434
Email:       sara@aldrenconveyancing.com.au

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New Condition Report for Residential Tenancies

From 1 March 2014 the new version of the Condition Report for rental premises must be used when a new Residential Tenancy Agreement is being prepared. The new Condition Report includes the addition of “window safety devices” wherever “windows/screens” appears.

For more information visit NSW Office of Fair Trading.

For all your property legal requirements contact:
Aldren Conveyancing Services – Northern Beaches
Phone:      (02) 9984 8840
Fax:           (02) 9984 8850
Mobile:     0422 011 434
Email:       sara@aldrenconveyancing.com.au

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Registration of Swimming Pools and/or Spas

Owners of backyard Swimming Pools and/or Spas (both new and existing) must have their details registered (such as property address, age and type of Swimming Pool and/or Spa, etc) on the NSW Government Swimming Pool Register.

If a Swimming Pool and/or Spa has not been registered a fine may be imposed on the Owner up to $2,200.00.

Registration of a Swimming Pool and/or Spa can be carried out:

At the time of registration, pool owners are required to carry out a self-assessment and a statement is required that to the best of their knowledge the Swimming Pool and/or Spa complies with Australian Standards.

For assistance in registering a Swimming Pool and/or Spa online click for following link:

How To Register Swimming Pool

Once the Swimming Pool and/or Spa is registered an Owner can than apply for a Compliance Certificate from Council or an accredited Certifier which will be mandatory for properties with a Swimming Pool and/or Spa before the property can be sold or leased after 24 April 2014.

For all your property legal requirements contact:
Aldren Conveyancing Services – Northern Beaches
Phone:      (02) 9984 8840
Fax:           (02) 9984 8850
Mobile:     0422 011 434
Email:       sara@aldrenconveyancing.com.au

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New Window Safety Laws

Child and His Undivided Attention

Minister for Fair Trading Anthony Roberts today introduced into Parliament new window safety laws to help prevent children falling from windows in residential strata buildings.

Window safety devices provide the last line of defence to prevent a serious injury or death. In March 2013, the NSW Government agreed to a range of measures, including an amendment to the Strata Schemes Management Act 1996.

This followed a report by The Children’s Hospital at Westmead Working Party for the Prevention of Children Falling from Residential Buildings.

Mr Roberts said that the NSW Government will amend Strata and Residential Tenancies legislation to require owners corporations to install safety devices on all windows that pose a safety risk to young children, allow owners to install safety devices regardless of the by-laws of the strata scheme and to include window safety devices in the prescribed condition report for rental premises.

Owners Corporations will be required to install these safety devices by 13 March 2018 that allows windows above the ground floor to open to a maximum of 12.5cm when the lock is engaged.

For more information visit NSW Office of Fair Trading.

For all your property legal requirements contact:
Aldren Conveyancing Services – Northern Beaches
Phone:      (02) 9984 8840
Fax:           (02) 9984 8850
Mobile:     0422 011 434
Email:       sara@aldrenconveyancing.com.au

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Strata By-Laws

By-Laws are a set of rules which residents living in a strata complex must abide by. By-Laws are made to facilitate the administration and harmony of the Strata Scheme and generally cover the use of common property and the behaviour of residents.

By-laws can vary from unit to unit and it is important that all residents are familiar with the By-Laws that apply for their strata complex.

By-Laws are contained in Scheduled 1 of the Strata Schemes Management Act 1996 for Strata Plans registered prior to 1 July 1974. For schemes registered after this date, they will be as indicated on the Certificate of Title and will either be one of the set of model By-Laws contained in the Regulation or By-Laws created by the original owner at the time of registration of the Strata Plan.

For all your property legal requirements contact:
Aldren Conveyancing Services – Northern Beaches
Phone:      (02) 9984 8840
Fax:           (02) 9984 8850
Mobile:     0422 011 434
Email:       sara@aldrenconveyancing.com.au

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New Swimming Pool and/or Spa Requirements

Swimming Pool Legislation

A Swimming Pool and/or Spa can be the entertainment centre of a home, but to curious young children, they can be very dangerous if all safety precautions are not taken.

Drowning is a leading cause of preventable death in children under 5 years of age. In 2012, a review of the Swimming Pools Act 1992 was finalised and a number of amendments were made to improve the safety of children around swimming pools in NSW.

These changes include:

  • Swimming Pool and/or Spa Owners are required to register their Swimming Pool and/or Spa. Pool and/or Spa Owners will have until 29 October 2013 to register their Swimming Pool and/or Spa.
  • From 29 October 2013 local Councils will be carrying out inspection programs.
  • From 29 April 2014 all tourist, visitor and multi occupancy developments will require a valid Compliance Certificate if they have a Swimming Pool and/or Spa.
  • From 29 April 2014 a valid Compliance Certificate will be required to lease or sell any property with a Swimming Pool and/or Spa and will need to be attached to the Contract for Sale or given to the Tenant.

You can find out more information on what compliance means at the Department of Local Government.

For all your property legal requirements contact:
Aldren Conveyancing Services – Northern Beaches
Phone:      (02) 9984 8840
Fax:           (02) 9984 8850
Mobile:     0422 011 434
Email:       sara@aldrenconveyancing.com.au

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