A compliance certificate is now required before a property with a swimming pool/and or spa can be sold. Certificates are valid for three (3) years, unless the fencing becomes uncompliant in that time.
Regardless of whether there is intention to sell or lease the property, pool owners are recommended – and able to make application to Council – for a certificate at any time.
A compliance certificate for a swimming pool can be obtained from Council by completing the appropriate form and paying the associated fee for the inspection which currently is $150 at time of lodgement.
An additional $100 fee will be applicable if a re-inspection is required due to non-compliances.
Under the Conveyancing (Sale of Land) Regulation 2010, the contract of sale is required to state that the owner of the property needs to ensure the pool and/or spa complies with the Swimming Pools Act 1992.
Under the Residential Tenancies Regulation 2010, in residential tenancy agreements the landlord must comply with the requirements of the Swimming Pools Act 1992.
All works must comply with the relevant Development Consent, Complying Development Certificate, Swimming Pools Act and an Occupation Certificate has to have been issued before newly constructed or altered pools/spas can be filled with water.