Whilst that date may seem a little way off, if you are intending to sell your property or you have a rental property that has a swimming pool, you ought to think seriously about obtaining a swimming pool inspection to ascertain whether or not your property complies and if not taking the necessary corrective action to obtain a certificate.
Undoubtedly there will be a rush in the early part of 2016 to obtain such certificates and it appears likely that there will be insufficient inspectors and insufficient trades’ persons in the short term to manage the anticipated influx of applications and repair work that will be required.
Anecdotally it is reported that 80% of swimming pools will not comply with the Act.
A swimming pool is defined as an excavation, structure or vessel capable of being filled to a depth of greater than 300 mm and which is used or designed to be used for the purpose of swimming, paddling or human aquatic activity. It includes a spa pool, does not include a spa bath or anything situated within a bath room. It applies to both private and commercial properties.
It will apply to strata, community and neighbourhood developments and accordingly owners corporations will need to ensure that pools comply with the Act so as proprietors of lots are able to lease their property andor sell their property when needed.
There are many different rules and it does depend on when a swimming pool has been constructed as to what rules apply. For example, a swimming pool which was installed before 1 July 2010 and is situated on premises having an area of 2 ha or more is not required to be surrounded by a child resistant barrier provided access is restricted from the home in accordance with regulations. These rules are different if the same pool was constructed on the same property today.
All pool owners are required to have registered their pool on a central registry. Non-registration can result in a penalty, however to date, it does not appear that any prosecutions have been issued.
Swimming pools can be inspected by local council inspectors or private accredited certifiers.
If you own a swimming pool or spa, it is best to be prepared well in advance. If you are a landlord or if you are intending to sell, then you should act sooner rather than later to ensure that your pool or spa complies.
At Everingham Solomons, we have the expertise to assist you with all of your legal matters because Helping You is Our Business.
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