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On 29 April 2016, changes to the registration and compliance obligations on the owners of property in NSW which includes a swimming pool (or spa) will come in to effect.

Requirements for Contracts for Sale

A disclosure MUST be made in a Contract issued by a vendor with a valid copy of one of the following documents issued in the last 3 years:

  • certificate of compliance
  • relevant occupation certificate (together with evidence that the pool is registered), or
  • certificate of non-compliance.

If this is not done, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred.

These requirements do not apply to off-the-plan property or to properties in a strata or community scheme that has more than two lots.

A certificate of non-compliance transfers to the purchaser the vendor’s obligation to obtain a certificate of compliance. The purchaser has 90 days from the date of settlement to rectify defects listed in the certificate and obtain a certificate of compliance.

Requirements for Landlords/Property Managers

When a tenancy agreement is entered into, the real estate agent (acting on behalf of the landlord) or the landlord must give the tenant a copy of the valid certificate of compliance or occupation certificate for a property with a swimming pool or spa pool.

These obligations do not apply to properties in a strata or community scheme that has more than two lots.

For more information on the registration and compliance obligations please contact our property law team on (02) 4927 2900.

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