From Friday 29 April 2016, owners of a NSW property with a swimming pool or spa pool must have a certificate showing whether or not their pool fencing is compliant with the Swimming Pools Act 1992. You will also need to ensure that your pool is registered on the NSW Swimming Pools Register website .
Amendments to the Conveyancing (Sale of Land) Regulation 2010 will impose a new contract requirement for vendors to supply a valid Certificate of Complance which must be attached as a prescribed document to a contract for sale. If a pool barrier is not compliant, a Certificate of Non-Compliance must be supplied.
The requirement applies to land being sold with a swimming pool and lots in strata schemes with two lots (e.g. duplexes) which have swimming pools.
For newly erected swimming pools, a valid occupation certificate and evidence of swimming pool registration may be annexed to the contract in lieu of the Certificate of Compliance.