Articles and legal news from the Atkinson Vinden Team.

Selling/Leasing a Property with a Swimming Pool

Property Law

As many of you may be aware the deadline by which you must have a compliance certificate for your swimming pool before you can sell or lease your property has been delayed to 29 April 2016. This has come about due, in part, to the difficulties in having a sufficient number of inspectors available to check pool compliance.

While this delay does provide some breathing space, if you intend to sell your property in the next couple of years we highly recommend obtaining a compliance certificate as soon as possible. It is anticipated that there will be a large number of people attempting to obtain certificates in the lead up to the new deadline and any delay in obtaining a compliance certificate may delay the sale of your property or potentially give a purchaser a right to rescind the contract as the compliance certificate will be a document which must be attached to the contract for sale.

We also anticipate that there may be delays in engaging contractors to do any work required prior to the issuing of the certificate.

It should be noted that the delay of the deadline does not mean that you do not have to comply with the other provisions of the Swimming Pool Act 1992 (the Act). These provisions include, but are not limited to, the following requirements:

1.     You must have a child resistance barrier in place, which complies with the requirements of the Act and the Building Code of Australia;

2.     Access gates to swimming pools must be kept securely closed when not actually in use; and

3.     You must have prominent safety notices which comply with the regulations in the immediate vicinity of the pool.

If you have any questions regarding the above or the requirements of the Act, please contact our Property Team on 02 9411 4466.


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