Selling or leasing property with a Pool

Owners, landlords and agents have requirements under the Swimming Pools and Conveyancing Acts to provide certification evidence to buyers and renters that the pool and spa on the property is safe and meets legislative requirements. To understand more about your obligations when selling and leasing a property with a pool, see the information below. 

Selling a property with a pool or spa

If you are selling a property with a pool or spa you are required to provide one of the following 'prescribed documents' with a contract of sale:

  1. Certificate of compliance
  2. Occupation certificate and evidence the swimming pool or spa is registered on the NSW Swimming Pools Register
  3. Certificate of non-compliance

Directions or non-compliance certificates

If a pool or spa is inspected and considered to be a public safety risk a certificate of non compliance and/or direction is issued. If a non-compliance certificate is in effect, the owner must supply a copy with the sale contract.  The obligation to fix defects and obtain a compliance certificate is transferred to the purchaser on settlement. The buyer has 90 days after settlement to make the pool or spa compliant.

Exemptions from the sale provisions

The following contracts are exempt from the above:

  • contracts relating to a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises of more than two lots, or
  • contracts relating to an off-the-plan contract (within the meaning of section 66ZL of the Conveyancing Act 1919).

Leasing a property with a pool or spa

If you are leasing a property with a pool or spa the landlord or agent must do the following:

  1. Ensure the pool or spa is registered on the NSW Swimming Pools Register.
  2. Provide the tenant with a copy of the certificate of compliance or occupation certificate.

Exemptions from the lease provisions

These provisions will not apply if:

  • the swimming pool or spa is situated on land in a strata scheme (within the meaning of the Strata Schemes Management Act 1996), or
  • in a community scheme (within the meaning of the Community Land Development Act 1989), and
  • that strata or community scheme comprises of more than two lots.

Apply for a Certificate of Compliance

A Council officer will contact you to arrange payment of fees and a suitable time to inspect your pool.
 
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