Pool Certificate Bottleneck Expected

The Swimming Pools Amendment Act 2012 (NSW) requires a landlord or vendor to register their pool, or spa, and to produce a certificate of compliance before they can lease or sell their property.

We have recently been advised by the Real Estate Institute of NSW to encourage all vendors and landlords to apply for pool compliance certificates as concerns have been raised that there are not enough qualified inspectors to meet the expected demand for certificates when the new legislation comes into force.

The new legislation requiring property owners with a pool, or spa to have a pool compliance certificate was to commence from 29 April 2014 but due to the high demand the NSW State Government has postponed the start date until 29 April 2015.

The REINSW are expecting a “bottleneck” to occur as landlords and vendors try to obtain certificates and they are urging those who will be leasing or selling in the next 12 months to apply for certificates now so as not to delay the leasing or selling of a property.

What does a pool certificate mean?

A certificate of compliance certifies that the pool, and pool barrier, meet the relevant safety requirements. They must be held by owners of standalone properties, or in the case of strata community title schemes, the Owners’ Corporation or community association will hold the certificates.

All pools were required to be registered by October 2013. Failure to register a pool attracts a fine of $220 but, in the event an inspector refers the matter to court, a fine of up to $2200 by be imposed. In addition, failure to comply with pool safety requirements may attract a fine of $550, although a fine of up to $5500 may be imposed. For more information visit www.swimmingpoolregister.nsw.gov.au/

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