April 2016 | Jonathan Harris & Constance Carey

New pool safety laws for all New South Wales properties commence on 29 April 2016.  From 29 April 2016, all owners (including Owners Corporations) must ensure their pool or spa is registered on the Swimming Pool Register (SPR).

You can register your pool online at the Swimming Pool Register website or by contacting your local council. If you haven’t registered your pool, you could be up for a fine.

The change in the law is designed to improve pool safety and reduce the risk of drowning in backyard pools, which is a leading cause of preventable deaths of young children.

Selling or leasing a property in NSW with a pool or spa?

From Friday 29 April 2016 you must have:

  1. a valid swimming pool certificate of compliance or an occupation certificate less than 3 years old; and
  2. a certificate of registration showing registration of the pool on the SPR.

A certificate of compliance can be issued by your local council or an accredited certifier who has carried out a swimming pool barrier inspection. The certificate remains valid for 3 years, unless a subsequent inspection reveals non-compliance with the regulations.

The Sydney Morning Herald reported that a majority of homes listed for sale did not have the necessary safety certification.

Contracts exchanged prior to 29 April 2016 are not affected.

Pools in Strata Plans

If your pool is on common property in a strata scheme, the Owners Corporation must register the pool on the SPR before 29 April 2016 and also obtain, and keep current, a certificate of compliance. If any of the lot owners in your strata plan want to sell their property, the Owners Corporation will need to provide them with the certificate of compliance for their contract of sale.

Written by Jonathan Harris & Constance Carey
(02) 9231 2466

If you are planning to sell or lease a property with a swimming pool in NSW we can help ensure that you have complied with the requirements. Contact Jonathan jharris@hflawyers.com.au or Margaret mrouen@hflawyers.com.au to make an appointment or call us a call to discuss your situation.