The Swimming Pools Act 1992 (NSW) was amended in 2012. This aims to enhance swimming pool safety standards and minimise pool related accidents. The introduction of new legislation requires landlords or pool owners to undertake additional responsibilities.
Unless stated or otherwise, section references below relates to the Swimming Pool Act 1992 (NSW).
Pool owners should have registered their swimming pools on or before 29 October 2013: s30B. Owners have the following options to complete the registration:
Lodge an online registration form at the NSW Swimming Pool Register Website www.swimmingpoolregister.nsw.gov.au ,or
Lodge a paper pool registration form at your Local Council
Landlords leasing their properties (with swimming pool attached) shall register by 29 April 2014 and shall provide the following documents to their tenants as required by
a copy of the registration document, and
either a certificate of compliance or an occupation certificate
Failure to register by deadline will incur a penalty of $220: s30B
Inspection and Compliance
Pool owners are obligated to contact the Local Council or an accredited certifier under the Building Professional Act 2005 to conduct a safety inspection on their swimming pools:s22B.
A fee is payable to the party conducting the safety inspection by the pool owner: s22F.
A certificate of compliance is issued by the Local Council or accredited certifier where the swimming pool meets the required safety standards: s22D.
The Local Council will produce a written notice of compliance to pool owners or landlords where their swimming pools do not comply with the required safety standards: s22E.
A second inspection will be conducted. If the swimming pool is still not up to standard, the Local Council will make an order compelling pool owners or landlords to comply within a reasonable time.
The certificate of compliance is valid for 3 years from the date of inspection: s22D(6).
Sale of Properties
As from 29 April 2014, vendors selling their properties (with swimming pools attached) are required to furnish either a certificate of compliance or an occupation certificate to the purchaser: Conveyancing (Sale of Land) Regulation 2010 cl 16.
The purchaser may be entitled to rescind a contract within 14 days after the exchange of contract if a certificate of compliance is not provided by the vendor except when settlement has already occurred.