New Swimming Pools and Spa Pools Laws
All properties in NSW with a swimming pool or spa pool must have a valid certificate of compliance or relevant occupation certificate before they can be sold or leased from 29 April 2016.
A certificate of compliance ensures that your swimming pool or spa meets all safety requirements, including pool barriers (e.g. fence). It Is valid for three years from its date of issue. To check if your certificate has been issued, go to NSW Government’s Swimming Pool Register (http://www.swimmingpoolregister.nsw.gov.au/).
To obtain the certificate of compliance, you must register your swimming pool or spa pool on the NSW Swimming Pool Register (http://www.swimmingpoolregister.nsw.gov.au/). A requirement for the certificate of compliance is an inspection of your pool by your local council or accredited certifier. From 29 April 2016, it is mandatory to attach a copy of the compliance certificate to the sale contract or tenancy agreement if the property has a pool.
As all owners jointly own any swimming pool or spa pool on common property, it is the Owners Corporation’s responsibility to obtain the compliance certificate.
In cases of non-compliance, the owner of the pool may be liablefor a penalty of up to $5,500 for non-compliance with the pool safety requirements.