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NSW Pool and Spa Compliance Certificate Information [updated 2020]

//NSW Pool and Spa Compliance Certificate Information [updated 2020]

NSW Pool and Spa Compliance Certificate Information [updated 2020]

New Pool Regulations for

Properties being put on the Market

New pool regulations have been created to help reduce the number of drownings in pools in NSW.

It is now law that a property being sold with a pool or spa must have a Certificate of Compliance or Certificate of Non Compliance in the Contract of Sale.

 

ALL properties being put on the market in NSW with a swimming pool or spa:

  • Have a valid certificate of compliance (or non compliance) or
  • A valid occupation certificate.  An occupation certificate cannot be older than 3 years.

How does this effect you?

  • In order to put your property on the market, you MUST have the pool or spa inspected by a licenced pool inspector.
  • The pool inspector will issue you with a compliance certificate or a non-compliance certificate.  Either one will allow your real estate agent to advertise and show people through your property.

 

What if you don’t have a Certificate?

Without it, the Contract for Sale cannot be issued to the agent and therefore cannot be sold.

 

How can you apply for the Certificate of Compliance?

There are 2 ways you can obtain the certificate:

  • By applying to the local Council of where the property is located. Some councils allow you to book an inspection online.
  • Call a private certifier and have them inspect your pool.  You’ll find plenty of them on Google, ask your real estate agent, or give us a call.

The certificate from the council inspection can take up to 14 days to register online and a private certifier will take around 48 hours.

 

What is involved?

The inspector will visit the property and run through a checklist looking at all the safety issues. Once they have completed the inspection they will produce a report and register the Certificate to an online database. Our team is able to download a copy of the certificate and add it to your Contract for Sale.

How much does the certificate of compliance cost?

At the time of writing, councils were charging $150 for inspections.  Private certifiers vary with their fees. Generally, they are around the $200 to $250 mark. Private inspectors are a lot faster than council, so if you’re in a hurry to get your house in the market, then a certified pool inspection will probably be best.

 

Does this include rental properties?

Yes, the new rules apply to rental properties too, so if you own an investment property that has a pool, please organise an inspection of the property as soon as possible.

 

Will your pool or spa comply? [checklist]

The NSW Government has created a checklist which allow you to self-assess before the pool inspector shows up to your property.

Tips for Spa Owners

  • Make sure you have an up to date resuscitation sign. You can grab one of these from Bunnings or your local council. Your inspector will sometimes have one of these available but check with them before they come to see you. You will not comply without one.
  • A spa must have a lockable lid in order to comply.
Conveyancers Newcastle, Maitland and Lake Macquarie

Questions we are often asked about

What if the spa isn’t being included in the sale?

If it isn’t being included it does not have to be certified. However, make sure this is clearly marked on your Contract of Sale as an exclusion.

 

Can I organise a Certificate of Compliance after I find a buyer?

No. Many vendors want to save as much expense as possible when selling which is totally understandable. The bad news is, this isn’t one of those areas where you can save money.

The NSW Government and the Law Society have legislated that a pool or spa Certificate of Compliance is required to be included in the Contract of Sale before the property can be marketed.

 

Can my agent advertise the property without the certificate?

The answer is the same as the response above. Legally the property cannot be advertised until there is a Contract of Sale is prepared by the conveyancer. The contract cannot be issued until the compliance certificate is provided.

Do you have any questions about the pool certificate and pool regulations?

Please ask any questions in the COMMENTS section below and we’ll be happy to answer them.

By | 2020-05-11T16:45:59+10:00 February 5th, 2019|Selling a House|15 Comments

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15 Comments

  1. Peter September 18, 2019 at 9:08 pm - Reply

    Hi…Re a pool compliance certificate…What if the certificate was valid at exchange, but the 3 year period expires prior to settlement. Is there any issue for the vendor in that scenario?..or is it then the purchasers responsibility?…Thanks..Peter 0411439755

    • Justin Milligan September 24, 2019 at 11:54 am - Reply

      Hi Peter,

      Good question! This becomes the purchasers responsibility as the matter was exchanged with a current compliance certificate.

      Justin

  2. TRACEY WORTH January 31, 2020 at 1:39 pm - Reply

    Hi. We currently rent a house in NSW, and have recently put in a portable hot tub. This is a plug and play spa, under 2000 litres and with a lockable lid. Our Landlord now has asked us for a Complaince Certificate, however the pool shop we purchased off says we do not require this, and also the local council Building Surveyor says we do not require. When we leave we will take it with us, so we are not sure if this is a legal requirement. Please advise

    • Justin Milligan March 4, 2020 at 1:13 pm - Reply

      As you are a tenant at the property, you fall under a different law to what we can advise on. We do know that if you are selling, you require a Compliance or Non Compliance Certificate. Our legal team has suggested calling the Department of Fair Trading to see what they require.

  3. Glenn February 14, 2020 at 2:42 pm - Reply

    can you lease a property if all you have us certificate of registration?

    • Justin Milligan March 4, 2020 at 1:16 pm - Reply

      Hi Glenn,

      Thanks for your question. No, you cannot lease it without a Certificate of Compliance. Your property manager should also be able to provide you information about this too.

  4. Glenn February 14, 2020 at 2:44 pm - Reply

    also can you lease a property if you only have certificate of NON compliance?

  5. glenn March 9, 2020 at 9:47 am - Reply

    thank you Justin 🙂

  6. Karen Harris June 25, 2020 at 7:42 pm - Reply

    Hi, we have found a lovely home that we have put an offer in for ( not accepted as yet but🤞) , anyway, it has a spa that is in the ground. It has a lid and I gather it’s lockable hopefully, but the problem is that there is no compliance certificate and the realestate agent says it isn’t required as there is no water in it. He states that it does work , they just emptied it to sell the house. What does that mean for us if indeed we manage to have the highest bid?

    • Justin Milligan July 13, 2020 at 2:57 pm - Reply

      Technically he doesn’t have to but as a buyer I’d be very concerned. Does it work? Is it registered? What needs to be done to make it compliant? Make sure the lid is lockable. Is there a resus sign? If none of these are there, take this into consideration when you buy it because you will need to make it compliant.

  7. Nerralie Hunter July 19, 2020 at 5:17 pm - Reply

    I recently bought a house that had a certificate of compliance from a private certifier. Council inspector has since been out and tells me that the pool area is actually NOT compliant and I have 90 days to rectify the situation at a significant cost to me. I bought the home in good faith and nothing was mentioned to me by the real estate agent or conveyancer that there could be an issue as all legal documents seemed to be in order. Do I have any recourse against the certifier, agent or conveyancer??

    • Justin Milligan July 20, 2020 at 11:58 am - Reply

      Hi Nerralie,

      I’m very sorry to hear that. The first course of action would be to contact your conveyancer. They’ll be able to contact the vendor’s conveyancer and take the appropriate action.

      You can also check online to see if the pool had a Compliance or Non Compliance certificate. Here’s the link: https://www.swimmingpoolregister.nsw.gov.au/pooldb/pgLookupPool

      The contract should have had the appropriate certificate in it at the time of exchange – compliance or non compliance. Your conveyancer should have advised you accordingly if it was a Non-Compliance certificate.

      I hope you can get to the bottom of this easily.

  8. Home Inspection Authority July 20, 2020 at 3:30 am - Reply

    Thanku For this post

  9. Troy Loudon July 30, 2020 at 4:07 pm - Reply

    Hi, we are looking at purchasing a property which has a pool. It has a certificate of non-compliance. I have asked the real estate agent for the report but he said I can’t have it. Is this normal?

    • Justin Milligan July 31, 2020 at 9:24 am - Reply

      Hi Troy,

      No, it’s not but there’s nothing to say they has to provide it to you either.

      Couple of options:

      * Ask your legal representative to request a copy from the vendors legal representative.
      * Organise an inspection yourself. Your legal representative would have contacts of who can do an inspection for you.

      If you don’t have a property legal representative yet, and your’re buying in NSW, feel free to give me a call to discuss it further.

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