Whether you are legally required to have your pool inspected depends on a number of factors but even if you are not, there are some very good reasons you should consider having it surveyed by a team of accredited swimming pool certifiers in Sydney such as ourselves. Before we go into these reasons, you can check out the latest legislation for pools in NSW that came into force in 2018. If you don’t want to wade through all the details to find out if you are required to obtain a certificate, we have provided a short summary of the most pertinent points below.
Sydney Swimming Pool Compliance: Current Regulations in NSW
The primary aim of this legislation is to ensure that the fencing or barriers that surround swimming pools in New South Wales meet certain safety standards, which are detailed in any report we prepare. The situations in which you are required to obtain a certificate of compliance, as well as certain exemptions, are noted below.
- No Legal Requirement for an Inspection if You Are Staying Put – The rules have changed somewhat since the Swimming Pools Act 1992 was introduced but there is still no legal requirement for you to obtain a certificate of compliance if you are not planning on selling or leasing your home. Having said that, all Councils do have a mandate to ensure that all pools in their jurisdiction do comply. This could mean your property becomes the subject of a mandatory inspection – at this point you can choose a private certificate or your council inspector.
- You Must Register Your Pool – Every owner of a property with a pool in NSW is now obliged to register their pool with the New South Wales Swimming Pool Register, which was not the case when the original legislation was introduced.
- You Must Obtain a Certificate of Compliance if You Wish to Sell or Lease Your Property – You are required by law to obtain a certificate before selling or leasing a property with a pool in NSW. Before you can obtain a certificate, you will need to have registered your pool, made sure it complies with the guidelines and had it inspected, either by a local council official or your friendly, local accredited swimming pool certifiers.
- Properties with Non-Compliant Pools Can Still Be Sold – In the event your pool fails an inspection, it is possible to request a certificate of non-compliance, which can be passed on to the new owner when the sale of your property is completed. The new owner will then have 90 days to rectify the issues that were identified, before requesting a new inspection.
- Pools in Strata Complexes and Large Community Developments Are Excluded – There is no need to obtain a certificate of compliance for a communal pool in a housing development or apartment block in NSW before selling your property.
- Property Owners Must Provide a Certificate to Tenants – If you plan to lease your property, you are legally obliged to provide your tenants with an official copy of your certificate of compliance. If you do not, your tenants are within their rights to terminate the contract you have agreed with them.
This is not an exhaustive list but those are the most important points covered by the current legislation. It is worth noting that once you have obtained a Sydney swimming pool compliance certificate, it is valid for a period of 3 years. After that, you will need to apply for a new one if you have yet to sell the property in question or you wish to lease it to a new tenant.
4 Excellent Reasons to Take Advantage of Our NSW Swimming Pool Compliance Service
Now that you’ve had a chance to check out the legislation, let us tell you why we think it is a good idea for you to take advantage of our pool compliance services, even if you are not legally required to do so at this moment in time.
- Your Children’s Safety – The swimming pool legislation that we currently have in NSW was introduced because of the number of children that drowned in pools in the 1970s and 1980s. While you may not need to have your pool inspected by accredited swimming pool certifiers if you are not planning to sell or lease your home, a certificate of compliance would give you the peace of mind that comes from knowing you have taken all the necessary precautions to protect the younger members of your family.
- A Legal Safeguard – In the unfortunate event that a guest drowns or has another type of accident in your pool, a certificate of compliance would demonstrate to the courts that you had not been negligent as far as pool safety was concerned. You could perform a self assessment using a government checklist but if you are not keen on taking responsibility for ensuring your pool is compliant, a professional inspection is the best option. Our inspectors are intimately familiar with the details of each type of swimming pool compliance checklist for Sydney pools so you can rely on them to spot any potential issues with your pool barrier or gate.
- Ability to Sell or Lease Quickly in the Future – You may not have any plans to sell or lease your property right now but if you suddenly find yourself in the position of wanting or needing to move in a hurry, the fact you already have a valid certificate of compliance will give you one less thing to worry about. Certificates remain current for 3 years.
- Avoidance of Fines – Although you are under no legal obligation to obtain a certificate of compliance if you are not planning to sell or lease your home in the near future, you are still legally obliged to ensure that it complies with the latest legislation. If a neighbour were to make a complaint to the council and your pool was found to be non-compliant, you could face a large on-the-spot fine. By using our Sydney swimming pool compliance service, you can eliminate the possibility of future fines.
If you have yet to have your pool inspected by a team of accredited swimming pool certifiers, we recommend doing so as soon as possible. For further details and pricing information, feel free to contact us at any time.