Swimming Pools Amendment Act 2012 (NSW)
In Deep Water – Does your swimming pool comply?
In an attempt to minimise the number of drowning incidents in backyard swimming pools, the NSW Government has recently introduced legislation requiring property owners to ensure their swimming pools are compliant.
The Swimming Pools Amendment Act 2012 commenced on 29 October 2012 and involves a staged implementation process. Some of the main areas of importance for pool owners include:
- The requirement to register your swimming pool on a register to be established by the NSW State Government. It is expected that the Swimming Pools Register will commence by 29 April 2013.Pool owners must ensure their pool is registered by no later than 29 October 2013. Penalties (presently $220) apply if you fail to register your swimming pool by this date.
- Local Councils must develop an inspection and certification program.On payment of a prescribed fee, pool owners will be able to request that Council (or an accredited certifier) inspect their pool and, where compliant, issue a certificate of compliance. Certificates of compliance are valid for 3 years.
- On and from 29 April 2014, a Contract for Sale of a property including a pool must have annexed:
- a valid certificate of compliance issued under the Act; or
- an occupation certificate issued within the last 3 years that authorises the use of the swimming pool, together with evidence of registration of the pool on the Register.
If you, as vendor, fail to annex one of these certificates to the Contract the purchaser may rescind the Contract at any time within 14 days from exchange.
- On and from 29 April 2014, if you wish to lease a property which contains a pool you (as the landlord) must ensure that at the time the residential tenancy is entered into:
- the pool has a valid certificate of compliance or an occupation certificate issued on terms detailed in 3.b. above and is registered on the Register; and
- a copy of the certificate is given to the tenant.
If you are concerned with the level of compliance of your swimming pool you should take action without delay.
If you would like assistance or require any further information about compliance issues please contact Laura Bennett or Alison Garland at our office on 4925 2077.