Hi !FirstName,

The Swimming Pools Amendment Act 2012 is effective as at today 29th April 2014, although the requirement for owners to obtain a Certificate of Compliance for a pool before selling or leasing their property has been postponed until 29th April 2015.

What does this mean for you?

If a property has a swimming pool as defined by the Act and is being leased:

• The pool must be registered (Click here for details on registering).
• The pool must have a Warning Notice as defined in the Act which is clearly visible from a distance of three meters and situated near the pool.
• The owner must obtain a Certificate of Compliance as required by the Act on or before 29th April 2015.
• Once a Certificate of Compliance is obtained for the pool it must be made available to the tenant upon request.

If a property has a swimming pool as defined by the Act and is being sold:

• The pool should be registered. This may not be essential for the sale to proceed but can incur a penalty to the vendor.
• The pool should have a Warning Notice as defined in the Act. This may not be essential for the sale to proceed but can incur a penalty to the vendor.
• If the pool does not have a Certificate of Compliance and
  • the property is sold prior to the 29th April 2015, the Buyer should obtain a Certificate of Compliance before 29th April 2015. OR
  • the property is sold on or after the 29th April 2015, the Seller must obtain a Certificate of Compliance before the 29th April 2015 and provide the certificate to the Buyer attached to the contract of sale.

In respect to the above changes we have updated all versions of our Property Management Agency Agreements. No changes have been made to our Sales Agency Agreements. Residential Tenancy Agreements will not need updating until 29th April 2015.

For more information please click on the links below:

Swimming Pool Act 1992
Swimming Pools Amendment Act 2012
Swimming Pools Regulation 2008
Residential Tenancies Amendment Regulation 2014
Circular to Councils re Delay in Compliance

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