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New obligations under the Swimming Pools Act

Property Law News | February 2014

The Swimming Pools Amendment Act 2012 commenced on 29 October 2012 and made a number of amendments to the Swimming Pools Act 1992.

Registration

Swimming pools must now be registered. This means every pool in NSW, not just new pools. All existing pools were required to be registered by 29 October 2013.

Pool owners are required to register their pool on an online register at www.swimmingpoolregister.nsw.gov.au and complete a self-assessment checklist.

There is a penalty of $220 for failing to register a pool.

Compliance Certificate

If you are thinking of selling your home, in addition to the current warning in relation to a land owner's obligations under the Act, a Contract for the Sale of Land that contains a swimming pool must attach a certificate of compliance under the Act from 29 April 2014.

To achieve this, the swimming pool will have to be inspected by the local authority who will issue a compliance certificate. A certificate issued remains valid for 3 years from date of issue, unless a subsequent inspection finds the pool to be non-compliant.

Pool owners can make an application for a certificate at any time, regardless of whether they intend on selling or leasing their property. In a multi-occupancy development, the body corporate or strata manager will hold the compliance certificate on behalf of all unit holders and make it available to owners of required.

A swimming pool subject to an occupation certificate is exempt from an inspection program for three years from the date of issue of the occupation certificate.

A vendor cannot contract out of its mandatory disclosure requirements, and if such requirements are not met, the purchaser has the right to rescind the contract and seek compensation from the vendor.

Residential Leases

Swimming pool documents must also be provided by the landlord to a tenant on entering into a Residential Tenancies Act Agreement. From 29 April 2014, a new clause 40A will be inserted into the residential standard form lease agreement.

If you have any concerns about the registration of your swimming pool or any questions about the conveyancing process contact us at Forum Law. We can serve all your conveyancing and property legal requirements in the inner west and Leichhardt and throughout New South Wales. Our clients have come from locations throughout the world. Give us a call for free chat up to 30 minutes.

Reminders in relation to the sale of a residential or business property

We get a lot of enquiries from Vendors wanting to sell a residential or business premises, and require a Contract for Sale quickly. At Forum Law, our fully qualified lawyers handle the whole of your conveyancing matter for a fee comparable or less than the fees of a non-lawyer conveyancer.

A Contract for Sale of Land or Business cannot be prepared immediately as they must contain certain information and make certain promises about the relevant property. These obligations are known as Vendor Disclosure Requirements.

A residential property cannot be advertised until a proper contract that sets out the terms and conditions of the sale and includes mandatory disclosure requirements has been prepared. Putting your house on the market without having a proper contract is an offence under NSW law.

It is therefore handy to have certain documents, such as a certificate of compliance for pools, at the ready for when you decide to sell.

For corporate vendors of office space buildings that exceed 2,000 square metres, a Building Energy Efficiency Certificate (BEEC) is required. The BEEC needs to include:

  1. A Nabers Energy star rating for the building;
  2. An assessment of tenancy lighting; and
  3. A general energy efficiency guidance.

The BEEC remains valid for 12 months and must be publicly accessible on the online Building Energy Efficiency Register.

If you have concerns or enquiries about property or conveyancing matters or wills and estates contact us at Forum Law, Solicitors, for a free initial consultation up to 30 minutes.

Forum Law is an active member of several reputable law and industry associations. We have recently obtained ISO9001 accreditation.