Conveyancing for properties in NSW with swimming pools
Thinking about buying or selling a property with a pool? This article is for you.
The Swimming Pools Act 1992 requires all pools to be registered with the NSW Swimming Pool Register and a certificate evidencing registration must be included in the Contract of Sale by the vendor.
There should also be a valid Swimming Pool Certificate of Compliance or Non-Compliance issued for the property. In the event the pool has not been certified, the vendor will need to organise this prior to selling. The vendor would contact either an authorised private certifier (who are registered with the Building Professionals Board) or the respective local council to perform this.
To summarise, the documents required to be annexed to the Contract for Sale are:
- Registration Certificate issued from the Swimming Pool Register
- Valid Swimming Pool Certificate of Compliance or Non-compliance
If the Contract of Sale does not include these documents, the buying party will be able to rescind the contract within 14 days of exchange.
It is imperative the buying and selling party’s legal representatives ensure that it is disclosed that the pool is compliant or non-compliant and registered so the transaction can go ahead without delay.
Should a Contract for Sale contain a certificate of non-compliance it is the responsibility of the Purchaser to achieve compliance within 3 months of completion.
Swimming is heavily ingrained in Australian culture and it is common for people to build new pools or replace old ones.
If you purchase a parcel of land and are planning to build a pool, generally speaking, you will be eligible to build a pool subject to council regulations and requirements.
If you are considering purchasing a block of land and want to ensure the property is eligible for pool construction, contact the local council of the area.
When you are ready to construct, your respective pool company will assist you to obtain permission from the local council.
At times, people may wish to remove a pool. Whether to make room for more land, to save on utility bills or to replace a pool with a new one.
In NSW you are generally required to obtain either a Complying Development Certificate (CDC) or go through a DA process to remove the pool.
This depends on the individual property (i.e. zoning) and other factors. The local council, a pool company, and a private certifier will help simplify this project.
When a pool is removed, the changes to the land leftover (i.e. compaction of land so it can be built upon, drainage systems) will be conveyed to the council by the DA or CDC process.
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NSW Swimming Pool Register
Building a pool – Fair Trading NSW