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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