Tuesday, 29 October 2013

NSW Laws change You must register Swimming and spa pools

Australia: Swimming and spa pools laws in NSW change: you must register

Last Updated: 16 October 2013
Article by Fiona Sonntag
New legislation affecting backyard swimming pools and spa pools has been introduced in NSW to enhance the safety of children around private (backyard) swimming pools and spas. How will this affect you?

Pool owners

Swimming pool and spa pool owners are required to register their pools on an online Register to be provided by the NSW State Government. Owners are required to self-assess and state that their pool complies with the applicable standards when registering.
The NSW Swimming Pool Register is available for use at www.swimmingpoolregister.nsw.gov.au. Owners must register their pools by no later than 29 October 2013.
There is a penalty for owners who fail to do so. Owners may also register their pools via their local council.
Owners may apply for a Swimming Pool Compliance Certificate from their local councils or an accredited certifier so they are in a position to confidently register their pool. However, there is a fee payable for this service.
A Swimming Pool Compliance Certificate is valid for 3 years.

New Pools

If you are installing a new pool, you should ask the pool installer to provide a Compliance Certificate prior to making the last payment for the pool.

Selling your property

From 29 April 2014 pool owners who wish to sell their property must apply and obtain a Swimming Pool Compliance Certificate to be attached to the contract for sale.

Leasing your property

From 29 April 2014 pool owners who wish to lease their property must apply and obtain a Swimming Pool Compliance Certificate and provide a copy to the tenant.

Pools on strata property

An Owners Corporation is also required to register any pool on the common property. It is advisable that they apply for a Swimming Pool Compliance Certificate. This also applies to properties in community and neighbourhood schemes.

Local councils

From 29 April 2014 Local Councils must inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at 3 year intervals. This includes many pools situated in strata, community and neighbourhood schemes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.