Conveyancing for properties in NSW with swimming pools

building and pest inspection

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.

Building pools

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.

Removing pools

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.

Want Hunter Legal & Conveyancing to secure your next house?

  • We are current with NSW legislations
  • We provide fixed priced quotes over the phone
  • You don’t need to visit our office – we can do everything electronically

If you or someone you know is considering buying or selling a property with a pool, do not hesitate to contact our office to speak with one of our friendly team members today on 1300 224 828.

Helpful resources

NSW Swimming Pool Register

NSW Swimming Pool Building a pool – Fair Trading NSW

Important Disclaimer: The content of this article is general in nature and for reference purposes only. It does not constitute legal or financial advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.

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