New pool rules have been in force in New South Wales since April 29, 2016. These changes affect everyone, including landlords selling or leasing their home, as well as potential tenants looking to lease or buy. So, are you aware of the changes and how they could directly affect you?
Why the Change?
Drowning is the leading cause of preventable death in children under the age of 5 years in New South Wales. Clearly, something needed to be done to prevent this common and tragic problem.
Local NSW Government Minister Paul Toole noted these eye-opening facts:
“Some 55 per cent of all 0- to 5-year-old drowning deaths in a backyard spa or pool happen because of either a faulty gate or a gate being propped open,”
“We could halve the drowning figure if pool owners ensured their gates self-closed and self-latched. To achieve this, we need to change human behaviour.”
As a response, the NSW government has amended the Swimming Pools Act 1992 to improve the safety of children around swimming pools. As a landlord or tenant, it is vital that you understand how the changes in swimming pool laws will affect your property.
What are the Changes?
The new laws have brought a number of changes. These include:
- Swimming pool or spa owners must register their pool or spa on the NSW Swimming Pool Register.
- A valid certificate of compliance or non-compliance must be attached to the sale or rental contract of any property with a swimming pool or spa.
- These can be obtained from the local council or an independent accredited certifier who is registered with the Building Professionals Board.
- Contact details for accredited certifiers are available on the Swimming Pool Register website at www.swimmingpoolregister.nsw.gov.au.
- If a landlord does not provide a certificate of compliance certificate as part of a new lease for a property with a pool, the lease may be invalid.
- If a pool is non-compliant, the new owner has 90 days to bring it up to safety standards.
- Accredited certifiers registered with the Building Professionals Board and local councils can carry out inspections of pools and spas.
Don’t Leave things too Late!
I strongly advise my clients to allow plenty of time to obtain a certificate of compliance. Why? Well first off, around 95% of pools fail the first inspection! Furthermore, many councils advise that it can take up to 90 days before a pool becomes compliant. You don’t want to delay the lease or sale of your property, or getting into your new property or rental home, so get things done as soon as possible.
If you are unsure whether yours or your landlord’s pool or spa has a current certificate of compliance, you can check by accessing the NSW Swimming Pool Register online at www.swimmingpoolregister.nsw.gov.au.
If you have any questions or require any further information at all about your purchase, sale, or tenancy of property, please don’t hesitate to contact me.
Vogue Real Estate
Ph: (02) 8858 3260
Office: 33/9 Hoyle Ave, CASTLE HILL, NSW 2154