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When selling a property with a swimming pool or an outdoor spa, it is important to let your Solicitor or Conveyancer know at the outset of your matter so they can advise you on the documents which must be provided for annexure to the contract of sale. Advising your Solicitor or Conveyancer at the stage of providing initial instructions is a great way to avoid unnecessary delays where you are required to go and obtain certificates should you not already hold them.
What defines a pool?
The Swimming Pools Act 1992 applies to swimming pools and spa pools that are capable of being filled with water to a depth greater than 30cm, and are used, designed, manufactured or adapted for swimming, wading, paddling or any other human aquatic activity in residential dwellings, movable dwellings, tourist and visitor accommodations.
What documents are required to be annexed to the Contract for Sale?
In addition to the standard contract documentation, the following must be annexed to the contract for sale where a pool or spa is situated on the property:
- certificate of registration; and
- Either:
- a valid certificate of compliance, or
- certificate of non-compliance, or
- a relevant occupation certificate issued within the last 3 years.
These are prescribed documents and are required for the contract, before we can provide the contract to a real estate agent for marketing.
What is a Certificate of Registration?
A certificate of registration is issued where you have registered your pool with the NSW Swimming Pool Register. Generally, you can register your pool yourself online and the process is generally relatively quick. This document will need to be annexed to the contract before exchange with a purchaser.
What is a Certificate of Compliance?
You will need to have Council, or a certifier attend the property to inspect the pool. They will inspect the pool and its surroundings and will issue you with a certificate of compliance if they are satisfied the pool meets their requirements.
What is a Certificate of Non-Compliance?
The same process of inspection occurs here, but where the pool or its surroundings are found non-compliant, the Council or certifier will issue a certificate of non-compliance.
If a non-compliant certificate is issued, a report will be available providing further details on the areas which need rectifying. The certificate will also outline the areas of non-compliance and will identify whether the pool poses a significant risk to public safety or not.
Where this non-compliance certificate is issued, the purchaser will generally have 90 days from completion (settlement) to rectify the non-compliant areas where the pool doesn’t pose a significant risk to public safety. Where it does pose a significant risk to public safety, we will need to be made aware if Council taken some follow up action.
What happens if these documents are not annexed to the contract for sale?
If contracts exchange without these documents annexed to the contract, the purchaser could rescind (end) the contract within 14 days of the date of exchange and may potentially make a claim under the contract.
We recommend you advise your Solicitor or Conveyancer at your earliest opportunity of the presence of a pool or spa so they may advise you accordingly.
Contact PDC Law today to discuss your conveyancing needs.
Shenae is a Licensed Conveyancer and Justice of the Peace. Shenae’s experience extends across a wide range of property transactions and she is renowned for her practical approach and efficiency.
