As a pool owner, are you familiar with the reasons why you should consider engaging an accredited swimming pool certifier such as ourselves. Let’s look at the benefits of a professional carrying out a pool safety check or on-site consultation with you. If you’re keen, check out the latest legislation for pools in NSW that came into force in 2018. Or read our short summary of the most pertinent points below. 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.
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.
No Legal Requirement for an Inspection if You Are Staying Put ?
That is not quite the case. All Councils do have a mandate to ensure that all pools in their jurisdiction do comply. This could mean that Council write to you to encourage you to engage either themselves or a private certifier. Or your property becomes the subject of a mandatory spot inspection – perhaps prompted by a complaint.
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. Council search aerial photography records to seek out unregistered pools and fines do apply if caught out.
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. We suggest you check your registration status and download a copy of the relevant Checklist. Then organise an inspection, either by a local council official or your local accredited swimming pool certifiers. Are these services comparable ? No they are not – council do not advise pool owners how to rectify and often don’t clarify where the non compliance is located. Generally they issue Certificates only after written request & additional fee payment and can take weeks to provide to you. Our Certificates are issued to you same day.
Properties with Non-Compliant Pools Can Still Be Sold
In the event your pool fails an inspection, we will issue a certificate of non-compliance same day for inclusion in your Sales Contract as is required by new legislation. If sold in this way, the new owner will then have 90 days to rectify the issues that were identified in the original report. If we were not the original inspector, not a problem – we can assist all pool owners to comply.
Property Owners Must Provide a Certificate to Tenants
If you plan to lease your property, you are legally obliged to include certificate of compliance in the Lease Contract. If you do not, your tenants are within their rights to terminate the contract you have agreed with them.
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 selling or leasing your home 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. A certificate of compliance confirms you have taken all the necessary precautions to protect the younger members of your family. Surely worth it for the peace of mind.
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 Sydney based inspectors are intimately familiar with the details of each type of swimming pool compliance checklist. You can rely on them to spot any potential issues with your pool barrier or gate. Don’t risk self-insurance – protect yourself and your family from liability.
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 provided no changes are made in that period.
- Avoidance of Fines – You might not be planning to sell or lease your home in the near future, but you are still legally obliged to ensure that the pool fencing complies with the latest legislation. You could face a large on-the-spot fine if a neighbour were to make a complaint to the council. 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.