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Articles and legal news from the Atkinson Vinden Team.

Swimming Pool Compliance Leasing and Selling

General

The deadline of 29 April 2016 by which you must have a Certificate of Compliance for your swimming pool before you can sell or lease your property is fast approaching.

When selling your property a valid Certificate of Compliance issued under the Swimming Pools Act 1992 (‘the Act’) or an Occupation Certificate issued in respect of the swimming pool which is less than 3 years old will become a prescribed document and MUST be annexed to the Contract for Sale of Land or provided to the tenant.

We advise that failure to annex a valid Certificate of Compliance or Occupation Certificate to the Contract for Sale may allow your purchaser to rescind the Contract for Sale within 14 days of exchange if the property is sold on or after 29 April 2016.

A Certificate of Compliance may only be issued by Council or an accredited certifier once the inspector has inspected the swimming pool and is satisfied that the requirements for the issue of the Certificate of Compliance have been met.  A swimming pool must be registered and must comply with all safety requirements in accordance with the Act before the Certificate of Compliance can issue.  Council or an accredited certifier can issue a notice requiring works to be undertaken to the swimming pool if it is non-compliant.  The inspector can charge a maximum fee of $150.00 for the first inspection of the swimming pool and a maximum fee of $100.00 for each additional inspection of the swimming pool and may refuse to issue the Certificate of Compliance until the fee has been paid.

We advise that where the property forms part of a strata scheme and there is a swimming pool situated on the common property or another lot within the strata scheme, you are still required to comply with the Act and obtain a valid Certificate of Compliance or an Occupation Certificate for annexure to the Contract for Sale or to provide to the tenant.  We suggest that you contact your strata manager who should assist you in obtaining the Certificate of Compliance or Occupation Certificate.

You should take this opportunity to ensure that your swimming pool complies with the safety provisions under the Act.  Please contact your local Council to arrange for an inspection of your swimming to ensure compliance.