We love a swim in Australia, especially on a hot summer day. Research from 2023 found that 1 in 7 Australian homes have a pool or a spa*. For everyone else, it's the local pool or the beach.
If you're buying or selling a property with a pool, it's easy to overlook your responsibilities, and what your local council needs to see before your pool is considered compliant (meeting the required safety standards). The Swimming Pools Act 1992 (NSW) sets the rules. Under this Act, your local council has to check that pools in the area are registered and safe.
What you need to do if you are selling
1. Register your pool. The NSW Swimming Pool Register is the place to start. It has helpful information to check your pool is safe, plus a tool to look up your pool or register it with the NSW Government.
2. Check the type of pool you have. The Swimming Pools Act applies to any pool, indoor or outdoor. But the type, size and age of your pool, and your local council's own policy, can change what you need to do to make it compliant. Always check your council's pool safety policy.
3. Work through the checklist. Once you know your pool type, the NSW Swimming Pool Register has a matching checklist. Go through it carefully to make sure your pool is safe for everyone who uses it.
4. Book an inspection. Once your pool is registered and you've worked through the checklist, book an inspection. Your council's compliance officer, or another authorised inspector, will check your pool meets the requirements. If your council can't attend, you can find a registered private certifier through NSW Fair Trading.
5. Get your result. After the inspection, you'll receive a Certificate of Compliance if everything checks out. If you're issued a Certificate of Non-Compliance instead, you'll be given a timeframe to fix the issue. Once it's fixed, you can book another inspection. If you are wanting to sell without fixing the problem you can often negotiate that the purchaser will rectify the work. This will depend on the timing of your sale and whether the Council also issues you with a notice to rectify the non-compliance.
Council Rules Can Vary
It's worth checking with your local council about their own pool policies, as they can differ from area to area. It's also important to follow any notice or order from an authorised officer. If you don't, you could face penalties, or a claim in the Land and Environment Court (the NSW court that deals with environmental and planning disputes).
If You're Buying
If you're buying a property with a pool, check that the seller has given you a copy of the Compliance Certificate, and that the pool is registered. You can search for registered pools on the NSW Swimming Pool Register. It's also worth reading up on your local council's rules, so the pool stays compliant after settlement (the day the property officially becomes yours).
Keep in mind that a Compliance Certificate is only valid for three years, so it's worth checking the date. If council sends you a notice that the pool is non-compliant (or there is one included in the sale contract), you'll have 90 days to fix the problem.
We're Here to Help
If you'd like to talk through buying or selling a property with a pool, give us a call on (02) 9575 7541, or head to our website to book a time online.
The team at Harriss Jones Lawyers
Melanie Jones
Solicitor, Harriss Jones Lawyers
[1] https://www.roymorgan.com/findings/9311-australian-swimming-pool-ownership-march-2023
