New pool regulations have been created to help reduce the number of drownings in pools in NSW. It is now law that a property being sold with a pool or spa must have a Certificate of Compliance or Certificate of Non Compliance in the Contract of Sale.
All properties being put on the market in NSW with a swimming pool or spa:
- Must be registered
- Have a valid certificate of compliance (or non compliance); or
- A valid occupation certificate. An occupation certificate cannot be older than 3 years.
How does this effect you?
In order to put your property on the market, you must have the pool or spa inspected by a licensed pool inspector.
The pool inspector will issue you with a compliance certificate or a non-compliance certificate.
Either one will allow your real estate agent to advertise and show people your property.
What if you don’t have a Certificate?
Without it, the Contract for Sale cannot be issued to the agent and therefore cannot be sold.
How can you apply for the Certificate of Compliance?
There are two ways you can obtain the certificate:
- By applying to the local Council of where the property is located
- Call a private certifier and have them inspect your pool
The certificate from the council inspection can take up to 14 days to register online and a private certifier will take around 48 hours.
What is involved?
The inspector will visit the property and run through a checklist looking at all the safety issues. Once they have completed the inspection they will produce a report and register the Certificate to an online database.
How much does the certificate of compliance cost?
Councils charge around $150 for inspections. Private certifiers charge around $300.
Private inspectors are a lot faster than council, so if you’re in a hurry to get your house in the market, then a certified pool inspection will probably be best.
Does this include rental properties?
Yes, the new rules apply to rental properties too, so if you own an investment property that has a pool, you’ll need to organise an inspection of the property as soon as possible.
Will your pool or spa comply?
The NSW Government has created a checklist which allow you to self-assess before the pool inspector shows up at your property.
Tips for spa owners
Make sure you have an up-to-date resuscitation sign. You can grab one of these from Bunnings or your local council. Your inspector will sometimes have one of these available but check with them before they come to see you. You will not comply without one.
A spa must have a lockable lid in order to comply.
