New Swimming Pool Compliance will impact Property Leasing and Sales

New swimming pool certification requirements apply to strata and community titles, and will impact on the lease or sale of land contracts for premises with pools.

Changes to the Swimming Pools Act 1992 (the Act) has produced some uncertainty with regards to the application of the new sale and leasing requirements within a strata context. More specifically, it is uncertain whether an owner seeking to sell or lease their lot within a strata or community scheme is required to provide a certificate of compliance for a swimming pool located on the common property or association property within the scheme.

Strata and community scheme managers and real estate agents in NSW are encouraged to familiarise themselves with the new provisions and in particular the requirement for an owner to register their swimming pool and obtain a valid compliance certificate in preparation for the new prescribed documents for sale and leasing which commenced on 29 April 2014.

The Division of Local Government recently released fact sheets titled “Leasing a property with a Swimming Pool or Spa Pool” and “Selling a Property with a Swimming Pool or Spa”, which confirm its position that the new sale and leasing requirements are intended to apply to lot owners in the context of strata and community schemes.

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