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swimming pool laws

A quick reminder to agents and vendors selling properties in NSW which contain a swimming pool or spa pool, from 29 April 2015 the legislation will change. Under the Conveyancing (Sale of Land) Regulation 2010 (NSW) the following documents must be attached to the contract for sale:

1. A valid Certificate of Compliance or a relevant Occupation Certificate; and
2. Evidence of registration.

If these documents are not attached to the contract for sale then the purchaser may be able to rescind the Contract.

Home owners who are looking at selling their property after 29 April 2015 should contact their local council or an accredited certifier to arrange an inspection of their pool. It may be a while before someone is available to inspect your pool and the Office of Local Government has advised that 95% of pools on the first inspection are non-compliant. If your property is currently listed for sale it would be prudent to start the process of obtaining a Certificate of Compliance as you may not be able to obtain a purchaser prior to the cut off date (29 April 2015).

This change in legislation also applies to land being sold in strata and community schemes. Owners should contact their strata managers to request the owners corporation obtain a certificate of compliance and provide them with a copy of the registration certificate.

Please do not hesitate to contact our Department Manager, Holly Gilholme on (07) 5506 8202 for more information regarding your sale.

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Barry van Heerden

Barry van Heerden

  • Partner
  • Property and Commercial
  • Direct line: (07) 5506 8248
  • Mobile: 0403 452 455