NEW SWIMMING POOL LAWS IN NSW

Land owners are reminded that new laws surrounding properties in New South Wales (NSW) with swimming pools and spas are due to commence on 29 April this year.

The purpose of the change is to impose further obligations on owners of land with swimming pools to ensure standards for safety and security are adhered to.

On and from 29 April 2015, owners of properties with swimming pools in NSW will be required to have a valid certificate of compliance for the pool (or relevant occupation certificate) prior to selling or leasing the property. If a vendor selling a property with a swimming pool fails to provide the purchaser with a valid certificate of compliance for the pool (or relevant occupation certificate), the purchaser may be able to bring the contract to an end.

The process of obtaining a certificate of compliance involves an inspection of the swimming pool. If the inspection reveals that the pool does not comply with the law, then the owner of the property will be required, within a reasonable time, to undertake the works necessary to make the pool comply. Failure by the owner to undertake the requisite works may result in the Council undertaking the works, charging the owner the reasonable costs associated with the works and fining the owner up to $5,500.00.

Somewhat alarmingly, recent Local Government estimates indicate that up to 95% of swimming pools in NSW are non-compliant with the law and it may take up to four months to obtain the certificate of compliance.

For advice and assistance on all conveyancing and property matters in NSW and Victoria, contact the experienced lawyers at Burt & Hanke Legal in Albury.

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