From 29 April 2016, NSW property sellers will have the option to attach to the contract of sale either a Certificate of Compliance or a Certificate of Non-Compliance outlining what needs to be fixed.

The proposed regulation has evolved since the first attempt to introduce in April 2014. Having evolved since it's inception, the responsibility for making non-compliant pools compliant will shift from the vendor to the purchaser when a home with a swimming pool is being sold (in some cases). In those instances, the purchaser will have 90 days to rectify non-compliant swimming pool barriers. This will help to minimise the anticipated 'rush for compliance' once the legislation comes into effect.

Industry groups SPASA (NSW & ACT) and the Real Estate Institute of NSW believe this is a good compromise and welcome the change.

It should also be noted that from 29 April 2016 every new tenancy application to the NSW Residential Tenancy Tribunal must have a compliance certificate if the property has a swimming pool. This requirement, which had been previously announced, remains unchanged and will come into effect on the planned date.

Read more on the Splash! magazine website or visit the New South Wales Office of Local Government Swimming Pool and Spa Pool page.

If you're looking to purchase or rent a property, you can also check the pool register for compliance.

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