New legislation that comes into force shortly will ensure that both landlords and vendors looking to sell properties with a swimming pool have undertaken all works necessary to make the pool compliant with safety regulations.
From 29 April 2015, all properties with a swimming pool or spa pool that are sold or rented must have a valid swimming pool certificate of compliance.
The laws apply to pools associated with private dwellings (houses, townhouses & strata and community schemes), moveable dwellings, motels and backpacker, B&B and farmstay accommodation.
The definition of “swimming pool and spa pool” includes in-ground, above-ground, indoor and portable pools that are capable of being filled with 300mm of water. Bathroom spas that are used as baths and emptied after use are not included.
The legislation makes it a requirement that a Vendor attach a swimming pool certificate of compliance to the contract for sale that certifies the pool and pool barrier meet safety requirements. The certificates are issued by Council or a private certifier and are valid for 3 years.
This new requirement makes the swimming pool certificate of compliance a prescribed statutory document for sale of real estate, requiring the Vendor to order and pay for the certificate (& any necessary works to upgrade the pool, such as fencing repairs or installation of resuscitation signage), rather than the Purchaser arranging an inspection of the pool at its cost as part of pre-purchase due diligence.
Failure to attach the swimming pool certificate of compliance to the sale contract will entitle the Purchaser to withdraw from the purchase without penalty, having the deposit refunded to them.
Real estate agents also risk a fine of up to $11,000 for marketing a property with a pool for sale without holding a valid swimming pool certificate of compliance.
Landlords must provide tenants with a valid certificate of compliance at the time of entering into a residential tenancy agreement. Failure to do so can result in a fine of up to $2,200.
Vendors selling or landlords renting units in a strata scheme will need to approach the owners corporation for a copy of the swimming pool certificate of compliance – there is no requirement for each individual property owner to obtain their own compliance certificate when the pool is located on common property.
To ensure your sale or lease complies with the new swimming pool legislation, contact the experienced Property Team at Everingham Solomons where Helping You is Our Business.